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The Scotch Whisky Regulations 2009 - Scotch Whisky Association

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The Scotch Whisky Regulations 2009 (SWR) came into force on 23 November 2009*. They replaced the Scotch Whisky Act 1988 and the Scotch Whisky Order 1990. Whereas the previous legislation had only governed the way in which Scotch Whisky must be produced, the SWR also set out rules on how Scotch Whiskies must be labelled, packaged and advertised, as well as requiring Single Malt Scotch Whisky to be bottled in Scotland from 2012. The following guidance is aimed at assisting those producing and selling Scotch Whisky, and those designing labels, packaging and advertising, to comply with the new law. Checklists are included where appropriate. This guidance covers only the main provisions of the law; the Regulations should be referred to for the full detail. The SWA's Legal Department is ready to assist with any questions. Contact details are provided at the end of this Guidance. *(subject to certain transitional provisions). Guidance for Producers and Bottlers Scotch Whisky Association 2/12/2009 The Scotch Whisky Regulations 2009 Guidance: 1. Production of Scotch Whisky 2 2. Definitions of Categories of Scotch Whisky 3 3. The only type of whisky which may be produced in Scotland is Scotch Whisky 4 4. Passing Off 4 5. Export of Scotch Whisky in bulk 4 6. Labelling of Scotch Whisky 4 7. Distillery Names 5 8. Locality and regional geographical indications 7 9. Prohibition of the description "pure malt" 8 10. Maturation, age and distillation statements 8 11. Transitional periods regarding labelling, packaging and advertising 9 12. Verification of the authenticity of Scotch Whisky 9 13. Enforcement 9 14. Legal Affairs Department contact details. 10
Transcript
Page 1: The Scotch Whisky Regulations 2009 - Scotch Whisky Association

The Scotch Whisky Regulations 2009 (SWR) came into force on 23 November 2009*. They replaced the

Scotch Whisky Act 1988 and the Scotch Whisky Order 1990. Whereas the previous legislation had only

governed the way in which Scotch Whisky must be produced, the SWR also set out rules on how Scotch

Whiskies must be labelled, packaged and advertised, as well as requiring Single Malt Scotch Whisky to be

bottled in Scotland from 2012.

The following guidance is aimed at assisting those producing and selling Scotch Whisky, and those designing

labels, packaging and advertising, to comply with the new law. Checklists are included where appropriate.

This guidance covers only the main provisions of the law; the Regulations should be referred to for the full

detail. The SWA's Legal Department is ready to assist with any questions. Contact details are provided at

the end of this Guidance.

*(subject to certain transitional provisions).

Guidance for Producers and Bottlers

Scotch Whisky Association

2/12/2009

The Scotch Whisky Regulations2009

Guidance:

1. Production of Scotch Whisky 2

2. Definitions of Categories of Scotch Whisky 3

3. The only type of whisky which may be produced in Scotland is Scotch Whisky 4

4. Passing Off 4

5. Export of Scotch Whisky in bulk 4

6. Labelling of Scotch Whisky 4

7. Distillery Names 5

8. Locality and regional geographical indications 7

9. Prohibition of the description "pure malt" 8

10. Maturation, age and distillation statements 8

11. Transitional periods regarding labelling, packaging and advertising 9

12. Verification of the authenticity of Scotch Whisky 9

13. Enforcement 9

14. Legal Affairs Department contact details. 10

Page 2: The Scotch Whisky Regulations 2009 - Scotch Whisky Association

1. Production of Scotch Whisky

Page 2 The Scotch Whisky Regulations 2009

1.1 The SWR do not change the way that Scotch Whisky is produced. Regulation 3(1) sets out theproduction method for Scotch Whisky.

1.2 As regards maturation, one area of possible ambiguity has been addressed. The SWR make clearthat Scotch Whisky must be wholly matured in Scotland, i.e. it may not be matured in any countryother than Scotland.

1.3 The SWR also require that all maturation must take place in an excise warehouse or in another“permitted place” regulated by Her Majesty’s Revenue & Customs (HMRC).

“Permitted place” is defined in Regulation 4 and includes any place to which spirits in an excisewarehouse are moved for:-

Re-warehousing in another excise warehouse

Such temporary purposes and periods as HMRC may allow

Scientific research and testing

Storage at other premises where, under the Customs and Excise Acts, goods of thesame class or description may be kept without payment of excise duty

Such other purpose as HMRC may permit

It is only if all maturation of Scotch Whisky takes place under some form of HMRC control that theywill be able to certify that the spirit is Scotch Whisky and, if an age is claimed, that the ScotchWhisky has been matured in the permitted size of oak casks for the period claimed.

1.4 Whereas the Scotch Whisky Order 1990 permitted the use of “spirit caramel”, the SWR permit onlythe use of “plain caramel colouring”. This is simply a change of terminology to align with EUregulations. The type of caramel colouring which is permitted for Scotch Whisky remains the same,namely E150A.

Page 3: The Scotch Whisky Regulations 2009 - Scotch Whisky Association

2.1 Regulation 3(2) contains the definitions of the different categories of Scotch Whisky.

2.2 The two basic types of Scotch Whisky, from which all blends are made, are Single Malt ScotchWhisky and Single Grain Scotch Whisky. In practice there is no change in the way that Single MaltScotch Whisky and Single Grain Scotch Whisky must be produced.

2.3 Single Malt Scotch Whisky means a Scotch Whisky produced from only water and malted barley ata single distillery by batch distillation in pot stills.

2.4 Single Grain Scotch Whisky means a Scotch Whisky distilled at a single distillery but which, inaddition to water and malted barley, may also be produced from whole grains of other malted orunmalted cereals. Excluded from the definition of “Single Grain Scotch Whisky” is any spiritwhich qualifies as a Single Malt Scotch Whisky or as a Blended Scotch Whisky. The latter exclusionis to ensure that a Blended Scotch Whisky produced from Single Malt(s) and Single Grain(s)distilled at the same distillery does not also qualify as Single Grain Scotch Whisky.

2.5 The definition of Blended Scotch Whisky does change the existing law, but reflects traditionaland current practice. Before the SWR, any combination of Scotch Whiskies qualified as a BlendedScotch Whisky, including for example a blend of Single Malt Scotch Whiskies. However, BlendedScotch Whisky is defined under the SWR as a combination of one or more Single Malt ScotchWhiskies with one or more Single Grain Scotch Whiskies, which accords with traditional practice.

2.6 Blended Malt Scotch Whisky means a blend of two or more Single Malt Scotch Whiskies fromdifferent distilleries, and

2.7 Blended Grain Scotch Whisky means a blend of two or more Single Grain Scotch Whiskies fromdifferent distilleries.

2. Definitions of categories of Scotch Whisky

Page 3Guidance for Producers and Bottlers

ScotchWhisky

SingleMalt

SingleGrain

BlendedScotch Whisky

i.e. Malt and Grain

BlendedMalt

BlendedGrain

CATEGORIES OF SCOTCH WHISKY

Page 4: The Scotch Whisky Regulations 2009 - Scotch Whisky Association

3. The only type of whisky which may be produced in Scotland isScotch Whisky

Page 4 The Scotch Whisky Regulations 2009

3.1 As was the case under the Scotch Whisky Act 1988, Regulation 5 stipulates that the only whiskywhich may be manufactured in Scotland is Scotch Whisky. The definition of “manufacture” is foundat Regulation 4.

3.2 The purpose of this provision is to prevent the existence of two ‘grades’ of whisky originating fromScotland, one “Scotch Whisky”, and the other “whisky – product of Scotland” which complies withthe generic standard for whisky under EC Regulation 110/2008*. The existence of two such ‘grades’of whisky produced in Scotland would make it extremely difficult to protect Scotch Whisky as adistinctive product.

3.3 In addition to prohibiting the production of whisky in Scotland other than Scotch Whisky, it is alsoprohibited to mature or to blend whiskies in Scotland other than Scotch Whisky. This is to preventuse of descriptions such as “whisky – matured in Scotland” or “whisky – blended in Scotland” onspirits which are not Scotch Whisky. Again, this will help to ensure that “Scotch Whisky” remains adistinctive product.

*(see paragraph 2 at Annex II).

5.1 As it is illegal to mature Scotch Whisky outside Scotland, Regulation 7 also makes it illegal withimmediate effect (as from 23 November 2009) to export any type of Scotch Whisky in an oak or otherwooden cask. It is permitted to continue to export Scotch Whisky in bulk using inert containers suchas appropriate plastic drums or steel containers.

5.2 However, Regulation 7 makes it illegal as from 23 November 2012 for Single Malt Scotch Whisky to beexported from Scotland other than in a bottle labelled for retail sale.

4. Passing Off

Regulation 6 makes it illegal to label, package, sell or advertise any drink as “Scotch Whisky” or “Scotch”or in such a way as to suggest indirectly that the drink is Scotch Whisky, when it does not qualify as such.

5. Export of Scotch Whisky in bulk

For the first time the SWR introduced specific requirements for the labelling of Scotch Whiskies. It is anoffence not to comply with these requirements.

6. Labelling of Scotch Whisky

Page 5: The Scotch Whisky Regulations 2009 - Scotch Whisky Association

6.1 Regulation 8 makes it compulsory for every Scotch Whisky to bear on the front of the bottle, andalso on any individual packaging, the category to which that Scotch Whisky belongs, i.e. “Single MaltScotch Whisky”, “Single Grain Scotch Whisky”, “Blended Scotch Whisky”, “Blended Malt ScotchWhisky” or “Blended Grain Scotch Whisky”. It is required that the category description appears onthe presentation of every Scotch Whisky so it is clear it is the sales description. The categorydescription must be as prominent as any other description of the whisky on the labels or packaging,and there are further provisions relating to how the category description must appear.

6.2 The only word (or words) which may be added to the category description is the name of the Scottishlocality or region in which the Scotch Whisky was distilled. In other words, the description “SingleMalt Scotch Whisky” must appear in exactly that form, except that it can be preceded by adescription such as “Speyside” or “Islay”, if that Single Malt Scotch Whisky has been entirely distilledin that specified locality or region. For rules regarding the use of locality or regional names, seeLocality and regional geographical indications.

6.3 To assist designers of labels and packaging, here is a basic checklist on labelling requirements asregards category descriptions.

6.4 It is an offence to advertise or promote a Scotch Whisky as belonging to a category to which it doesnot belong.

6.5 There are transitional periods before the provisions covering labelling and advertising come intoforce.

6. Labelling of Scotch Whisky (contd)

Page 5Guidance for Producers and Bottlers

Regulation 9 and Schedules 1 and 2 cover the use of distillery names.

7.1 Regulation 9(1) makes it illegal to use as a brand name (or as part of a brand name) for a ScotchWhisky the name of any distillery listed at Schedule 1 unless the Scotch Whisky has been whollydistilled at that distillery. A similar provision applies to Scotch Whisky distilleries opened orreopened in the future (Regulation 9(2)).

7.2 Regulation 9(4) also makes it illegal to label, package, advertise or promote any Scotch Whisky in away which is likely to deceive the public into thinking it has been distilled at any distillery other thanthe true distillery.

7.3 Regulation 9(5) makes it illegal to label, package, advertise and promote Single Malt Scotch Whiskyor Single Grain Scotch Whisky in a way which is likely to deceive the public as to the identity of thedistiller.

7. Distillery Names

Page 6: The Scotch Whisky Regulations 2009 - Scotch Whisky Association

7. Distillery Names (contd)

Page 6 The Scotch Whisky Regulations 2009

7.5 The risk of deception would be even greater if the labelling of GLEN DORNOCH Single Malt ScotchWhisky featured a company or trading name such as “Glen Dornoch Distillery Ltd”. That wouldreinforce the assumption by the consumer that the Scotch Whisky came from Glen DornochDistillery.

7.6 The test under Regulations 9(4) and (5) is a subjective one. Each brand owner must assess whetherthere is any risk that consumers may buy his Scotch Whisky in the belief that it comes from adistillery, or a distiller, other than the true one. If such a risk does exist, the brand owner shouldtake corrective action. There are various ways in which the risk of deception can be avoided. Forexample:-

the most obvious way is to avoid the use of brand names, and company or trading names,which may be taken by consumers to be the name of a distillery (when they are not)

Glen Dornoch Distillery Ltd

7.4 These provisions were introduced because complaints had been received from consumers who hadbought a Single Malt Scotch Whisky sold under a brand name which they had understood to be thename of the distillery, which they later found was not the case. A fictitious example might be aSingle Malt Scotch Whisky sold under the name GLEN DORNOCH. Because the names of manyScotch Whisky distilleries include the word “Glen”, and consist of geographical names, consumersmight believe that the Single Malt Scotch Whisky had been distilled at Glen Dornoch Distillery,which does not exist.

Page 7: The Scotch Whisky Regulations 2009 - Scotch Whisky Association

if a brand owner has an existing, well established, brand which falls into the ‘danger’category, one way of preventing any confusion would be to state clearly on the label andpackaging the name of the distillery where the Single Malt Scotch Whisky or Single Grain ScotchWhisky was actually distilled

it may be possible to amend names which fall into the ‘danger’ category to remove the risk ofconfusion. For example, if a Single Malt is being sold under the name DORNOCH, which mightbe seen to be the name of a distillery, the name could be changed to DORNOCH CASTLE whichwould be less likely to be seen as the name of a distillery.

It should be stressed that this is simply guidance on the SWR. It is up to each brand owner to makehis own judgment as to how to avoid confusing consumers and breaching the Regulations. If in doubt,you can contact the SWA’s Legal Department.

7. Distillery Names (contd)

Page 7Guidance for Producers and Bottlers

8. Locality and regional geographical indications8.1 Regulation 10 covers the use of locality and regional names.

It has long been customary to sell Single Malt Scotch Whiskies accompanied by a locality or regionalgeographical name to indicate where they were distilled. In order to protect and promote thesenames, the SWR define the five major traditional locality and regional geographical indications,which are “Highland”, “Lowland”, “Speyside”, “Islay” and “Campbeltown”. These names may beused on labels and packaging, preceding the compulsory category description, if the Scotch Whiskyhas been wholly distilled in the relevant locality or region, i.e. a Single Malt Scotch Whisky distilledin the Speyside region may be described on the label and carton as “Speyside Single Malt ScotchWhisky” (the words to appear in exactly that order). The names may also appear separately fromthe category description as long as they are no more prominent than that description.

8.2 The boundaries of the five protected localities and regions are set out in Regulation 10. Schedule 3explains where Regulation 10(1) does not apply.

8.3 It should be noted that:-

although only the five traditional localities and regions have been defined and protected in theSWR, it is still permitted to use, in exactly the same way, another Scottish locality or regionalname as long as the Scotch Whisky was entirely distilled in that place. For example, SingleMalt Scotch Whiskies distilled in Orkney may be sold described as “Orkney Single Malt ScotchWhisky” (with the words appearing in exactly that order) .

Speyside falls within the borders of the Highland region and therefore Scotch Whiskies distilledin the Speyside area may either be described as “Highland” or as “Speyside”.

it is illegal to use a locality or regional geographical name in relation to a Scotch Whisky whichhas not been distilled in the locality or region in question. There are, however, certainexceptions to this rule -

Page 8: The Scotch Whisky Regulations 2009 - Scotch Whisky Association

8. Locality and regional geographical indications

Page 8 The Scotch Whisky Regulations 2009

this rule does not apply where the name of the protected locality or region forms partof a trade mark or company name registered before 1 September 2009, and is onlyincluded in the presentation of the Scotch Whisky as part of that trade mark orcompany name – e.g. “HIGHLAND QUEEN Scotch Whisky” or “Highland Distillers Ltd”.

it is permitted on the labelling of any of the three types of blends of Scotch Whisky torefer to the localities or regions in which the Scotch Whiskies in the blend weredistilled as long as all the relevant localities or regions are specified. For example ona “Blended Malt Scotch Whisky” an additional description might appear such as “aBlend of Highland and Islay malts”.

it is also permitted that, if a brand owner has a ‘stable’ of brands, which includeSingle Malt Scotch Whiskies from a variety of regions, the brand owner might, forexample, refer on the labelling of his Highland Single Malt Scotch Whisky that itbelongs to the same ‘stable’ as his Single Malt Scotch Whisky from the Islay region.

Regulation 11 bans the use of the term “Pure Malt”

Because of concerns that consumers were confused by the description “Pure Malt”, that description (andderivations of it) are prohibited in the labelling, packaging, advertising or promotion of any Scotch Whisky.The prohibition relates only to the combination of the words “pure” and “malt” (and derivations such as“Purest Malt”) and does not prevent, for example, a reference in promotional literature to the use of “purewater”.

9. Prohibition of the description "Pure Malt"

Regulation 12 regulates maturation, age and distillation statements.

10.1 The SWR maintain the longstanding rule regarding the use of age statements, namely that the onlyage which may be stated in the labelling, packaging or advertising of a Scotch Whisky is the age ofthe youngest Scotch Whisky in the product. In other words, if a Scotch Whisky contains a blend of 8,12, and 15 year old Scotch Whiskies, the only age claim which may be made for that product is “8years old”. (Similar statements such as “aged 8 years” may also be used, as long as the stated age isin years).

10.2 The SWR lay down new rules regarding the use of distillation or vintage years, albeit reflectingprevious good practice in the industry. The SWR require that if labelling and packaging or advertisingrefers to a distillation or vintage year:-

only one year may be mentioned

all of the whisky in the product must have been distilled in that year

the presentation of the whisky must also feature the year of bottling or an age statement

the year of bottling or the age statement must appear in the same field of vision as the year ofdistillation or vintage.

10. Maturation, age and distillation statements

Page 9: The Scotch Whisky Regulations 2009 - Scotch Whisky Association

10.3 The use of other numbers, which do not relate to the age of the Scotch Whisky, should be treatedwith caution. If there is a likelihood that consumers believe that the number relates to the age ofthe product, when that is not the case, that will be an offence.

Here is a checklist regarding age statements and distillation years.

10. Maturation, age and distillation statements

Page 9Guidance for Producers and Bottlers

Regulations 13 and 14 provide for transitional periods regarding labelling, packaging and advertising.

11.1 Operators have two years to bring their labelling and packaging into compliance with the SWR. Inother words, all labelling and packaging applied after 22 November 2011 must comply with all thenew labelling rules. Scotch Whiskies labelled and packaged prior to 22 November 2011 may,however, be sold through the distribution chain until exhausted.

11.2 All advertising of Scotch Whiskies after 22 November 2011 must comply with all the new rules whichcover advertising.

11.3 During these transitional periods, the labelling, packaging and advertising of Scotch Whiskies mustcomply with all existing laws, for example consumer protection laws and those governing agestatements.

11. Transitional periods regarding labelling, packaging andadvertising

12. Verification of the authenticity of Scotch Whisky

Regulation 15 appoints Her Majesty’s Revenue and Customs (HMRC) as the competent authority for theverification of Scotch Whisky. HMRC will be responsible for ensuring compliance of Scotch Whisky with theSWR, both as regards production and labelling. The exact conduct of this verification process is still beingdiscussed with the UK Government.

13. Enforcement

Regulations 16 to 41 set out the full enforcement provisions. In summary:

any enforcement action required will be taken by Trading Standards Officers (as regards sales withinthe UK) or by Port Health Authorities (as regards exports and any (re)imports).

there is a range of enforcement measures from warning notices through to criminal prosecution.Which enforcement measure is taken will depend on the circumstances of the breach, but it isanticipated that in the case of unintentional or minor breaches the enforcement authorities will seekto resolve problems by discussion first.

Provisions are also included allowing civil enforcement of the SWR by interested parties, including theSWA (Regulation 40).

Page 10: The Scotch Whisky Regulations 2009 - Scotch Whisky Association

The SWA's Legal Department is ready to assist with any questions arising out of the SWR. The relevantcontact details are:

Glen Barclay

Email: [email protected]: 0131 222 9212

Magnus Cormack

Email: [email protected]: 0131 222 9213

Kenny Gray

Email: [email protected]: 0131 222 9211

Lindesay Low

Email: [email protected]: 0131 222 9258

Alan Park

Email: [email protected]: 0131 222 9214

Legal Department Contacts

Page 11: The Scotch Whisky Regulations 2009 - Scotch Whisky Association

S T A T U T O R Y I N S T R U M E N T S

2009 No. 2890

FOOD

The Scotch Whisky Regulations 2009

Made - - - - 26th October 2009

Laid before Parliament 30th October 2009

Coming into force - - 23rd November 2009

CONTENTS1. Title, commencement and application2. Repeal and revocation3. Definition of “Scotch Whisky” and categories of Scotch Whisky4. General interpretation5. Manufacture6. Marketing7. Movement from Scotland to another country8. Compulsory sales descriptions9. Names of distilleries and distillers etc.10. Locality and region geographical indications11. Use of the words ‘pure’ and ‘malt’ and derivations12. Maturation, age and distillation statements13. Transitional provisions relating to labelling and packaging14. Transitional provisions relating to advertising and promotion15. Designation16. Enforcement17. Appointment of officers18. Duty to give assistance and provide information19. Powers of entry20. Powers of an authorised officer21. Procedure on seizure22. Improvement notices23. Appeals against improvement notices24. Powers relating to appeals25. Publication of notices26. Obstruction27. Offences28. Fines29. Offences by bodies corporate etc.30. Default of third person

Page 12: The Scotch Whisky Regulations 2009 - Scotch Whisky Association

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31. Defences32. Giving of penalty notice for penalty offence33. Contents and form of penalty notice34. Amount of penalty35. Restriction on proceedings for penalty offence36. Payment of penalty37. Certificate of payment or non-payment of a penalty38. Penalty receipts39. Withdrawal of penalty notice40. Civil remedy41. Giving of notices

SCHEDULE 1 — DISTILLERIES TO WHICH REGULATION 9(1) APPLIESSCHEDULE 2 — CIRCUMSTANCES IN WHICH REGULATION 9(2) DOES

NOT APPLYSCHEDULE 3 — CIRCUMSTANCES IN WHICH REGULATION 10(1) DOES

NOT APPLYSCHEDULE 4 — FACTORS TO BE TAKEN INTO ACCOUNT IN

DETERMINING THE AMOUNT OF A PENALTYPART 1 — Aggravating factorsPART 2 — Mitigating factors

These Regulations are made in exercise of the powers conferred by section 2(2) of the EuropeanCommunities Act 1972(a).

The Secretary of State(b) is a Minister designated(c) for the purposes of section 2(2) of theEuropean Communities Act 1972 in relation to measures relating to the description of, and otherrequirements relating to, spirit drinks.

There has been open and transparent public consultation during the preparation of the followingRegulations as required by Article 9 of Regulation (EC) No 178/2002 of the European Parliamentand of the Council(d) laying down the general principles and requirements of food law,establishing the European Food Safety Authority and laying down procedures in matters of foodsafety.

Accordingly, the Secretary of State makes the following Regulations.

Title, commencement and application

1.—(1) These Regulations may be cited as the Scotch Whisky Regulations 2009 and come intoforce on 23rd November 2009.

(a) 1972 c. 68.(b) The functions of the Minister of Agriculture, Fisheries and Food were transferred to the Secretary of State by the Ministry

of Agriculture, Fisheries and Food (Dissolution) Order 2002 (S.I. 2002/794). Under section 57 of the Scotland Act 1998 (c.46), despite the transfer to Scottish Ministers of Community law related functions in respect of devolved matters, thefunction of the Secretary of State continues to be exercisable by the Secretary of State as regards Scotland for the purposesspecified in section 2(2) of the European Communities Act 1972.

(c) S.I. 1989/1327, to which there are amendments not relevant to these Regulations.(d) OJ No L 31, 1.2.2002, p 1, last amended by Commission Regulation (EC) No 596/2009 (OJ No L 188, 18.7.2009, p 14).

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(2) These Regulations apply to drinks and whisky distillates (whether in the form of a drink ornot) manufactured in the United Kingdom.

Repeal and revocation

2.—(1) The Scotch Whisky Act 1988(a) is repealed.(2) The Scotch Whisky (Northern Ireland) Order 1988(b) is revoked.

Definition of “Scotch Whisky” and categories of Scotch Whisky

3.—(1) In these Regulations “Scotch Whisky” means a whisky produced in Scotland—(a) that has been distilled at a distillery in Scotland from water and malted barley (to which

only whole grains of other cereals may be added) all of which have been—(i) processed at that distillery into a mash;

(ii) converted at that distillery into a fermentable substrate only by endogenous enzymesystems; and

(iii) fermented at that distillery only by the addition of yeast;(b) that has been distilled at an alcoholic strength by volume of less than 94.8 per cent so that

the distillate has an aroma and taste derived from the raw materials used in, and themethod of, its production;

(c) that has been matured only in oak casks of a capacity not exceeding 700 litres;(d) that has been matured only in Scotland;(e) that has been matured for a period of not less than three years;(f) that has been matured only in an excise warehouse or a permitted place;(g) that retains the colour, aroma and taste derived from the raw materials used in, and the

method of, its production and maturation;(h) to which no substance has been added, or to which no substance has been added except—

(i) water;(ii) plain caramel colouring; or

(iii) water and plain caramel colouring; and(i) that has a minimum alcoholic strength by volume of 40%.

(2) In these Regulations—“Single Malt Scotch Whisky” means a Scotch Whisky that has been distilled in one or morebatches—(a) at a single distillery;(b) from water and malted barley without the addition of any other cereals; and(c) in pot stills;“Single Grain Scotch Whisky” means a Scotch Whisky that has been distilled at a singledistillery except—

(a) Single Malt Scotch Whisky; or(b) a Blended Scotch Whisky;“Blended Malt Scotch Whisky” means a blend of two or more Single Malt Scotch Whiskiesthat have been distilled at more than one distillery;“Blended Grain Scotch Whisky” means a blend of two or more Single Grain Scotch Whiskiesthat have been distilled at more than one distillery; and

(a) 1988 c. 22.(b) S.I. 1988/1852 (N.I. 19).

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“Blended Scotch Whisky” means a blend of one or more Single Malt Scotch Whiskies withone or more Single Grain Scotch Whiskies.

General interpretation

4.—(1) In these Regulations—“authorised officer” means any person appointed by an enforcement authority under regulation17;“blending” has the meaning given in the first sub-paragraph of paragraph (7) of Annex I toRegulation (EC) No 110/2008 as it applies in relation to a combination of whiskies and“blend” and “blended” shall be construed accordingly;“enforcement authority” means an authority exercising a function conferred on it by regulation16;“excise warehouse” means a place of security approved under section 92(1) of the Customsand Excise Management Act 1979(a) or section 15(1) of the Alcoholic Liquor Duties Act1979(b);“food authority”—(a) in relation to England, means—

(i) a county council;(ii) a metropolitan district council;

(iii) a non-metropolitan district council for an area for which there is no county council;(iv) a London borough council;(v) the Common Council of the City of London (in their capacity as a local authority);

and(vi) the Council of the Isles of Scilly;

(b) in relation to Northern Ireland, means a district council;(c) in relation to Scotland, means a council constituted under section 2 or 3 of the Local

Government etc. (Scotland) Act 1994(c); and(d) in relation to Wales, means a county council or a county borough council;“manufacture” includes—(a) keeping for the purpose of maturation; and(b) keeping, or using, for the purpose of blending, except for domestic blending for domestic

consumption;“officer” —(a) in relation to a body corporate, means a director, member of the committee of

management, chief executive, manager, secretary or other similar officer of the body; and(b) in relation to an unincorporated body, means any member of its governing body or a chief

executive, manager or other similar officer of the body;“packaging” has the meaning given in paragraph (17) of Annex I to Regulation (EC) No110/2008;“penalty” means the amount specified in a penalty notice;“penalty notice” means a notice offering the opportunity, by payment, in accordance withthese Regulations, of a specified amount, to discharge any liability to be convicted of thepenalty offence to which the notice relates;

(a) 1979 c. 2, to which there are amendments not relevant to these Regulations.(b) 1979 c. 4.(c) 1994 c. 39.

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“penalty offence” means an offence for which a penalty notice may be given under regulation32;“permitted place”, in relation to a place where a whisky has been matured in Scotland, meansany place in Scotland to which a whisky (or whisky distillate) that had previously beenmatured in an excise warehouse in Scotland is moved for a purpose mentioned in sub-paragraph (a), (b), (c), (d) or (f) of regulation 16(2) of the Excise Warehousing (Etc.)Regulations 1988(a);“port health authority” means—

(a) in relation to the London port health district (within the meaning given by section 7(1) ofthe Public Health (Control of Disease) Act 1984(b)), the Common Council of the City ofLondon; and

(b) in relation to any port health district constituted by order under section 2(3) of that Act,the port health authority for that district;

“premises” includes any place, vehicle or trailer, shipping container (whether used fortransporting cargo or for storage), stall or moveable structure, ship or aircraft;“presentation” has the meaning given in paragraph (15) of Annex I to Regulation (EC) No110/2008;“protected locality” means a locality mentioned in regulation 10(5);“protected region” means a region mentioned in regulation 10(6);“Regulation (EC) No 110/2008” means Regulation (EC) No 110/2008(c) of the EuropeanParliament and of the Council on the definition, description, presentation, labelling and theprotection of geographical indications of spirit drinks and repealing Council Regulation (EEC)No 1576/89;“relevant court” means—(a) in relation to England, Northern Ireland and Wales, a magistrates’ court; and(b) in relation to Scotland, a sheriff court;“sell” includes offer or expose for sale or have in possession for sale;“whisky” has the meaning given in point 2 of Annex II to Regulation (EC) No 110/2008;“whisky-based drink” means a drink, other than whisky, that contains whisky; and“whisky distillate” means a whisky distillate as described in point 2(a)(i) and (ii) of Annex IIto Regulation (EC) No 110/2008.

(2) Other expressions used in these Regulations and Regulation (EC) No 110/2008 have theirmeanings in Regulation (EC) No 110/2008.

(3) In these Regulations “container” (except as used in the expression “shipping container”) hasthe same meaning as in paragraph (16) of Annex I to Regulation (EC) No 110/2008, and includesany cap or other device by which the receptacle has been closed, any tag attached to thereceptacle, and any sheathing covering its neck, and—

(a) any reference to a container of Scotch Whisky must be construed as a reference to acontainer into which Scotch Whisky has been put for the purpose of subsequent sale; and

(b) any reference to the front of a container includes a reference to any label attached to thefront of a container.

(4) In these Regulations any reference to the labelling of Scotch Whisky must be construed as areference to the labelling of a container of Scotch Whisky for the purposes of subsequent sale(whether by attaching a label to the container, direct printing onto the container, moulding on thecontainer or any other method by which information is included on a container).

(a) S.I. 1988/809.(b) 1984 c. 22.(c) OJ L 39, 13.2.2008, p 16, as last amended by Regulation (EC) No 1334/2008 of the European Parliament and of the Council

(OJ No L 354, 31.12.2008, p 34).

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(5) In these Regulations any reference to the packaging of Scotch Whisky must be construed asa reference to the packaging of a container of Scotch Whisky for the purposes of subsequent sale.

Manufacture

5.—(1) A person must not manufacture a whisky distillate in Scotland unless it is manufacturedin the manner described in regulation 3(1)(a) and (b).

(2) A person must not manufacture any whisky in Scotland except Scotch Whisky.

Marketing

6.—(1) A person must not label, package, sell, advertise or promote any drink as Scotch Whiskyor Scotch if it is not Scotch Whisky.

(2) A person must not label, package, sell, advertise or promote any drink in any other way thatcreates a likelihood of confusion on the part of the public as to whether the drink is ScotchWhisky.

Movement from Scotland to another country

7.—(1) A person must not move any of the following categories of Scotch Whisky fromScotland to another country in a wooden cask or other wooden holder—

(a) Single Grain Scotch Whisky;(b) Blended Malt Scotch Whisky;(c) Blended Grain Scotch Whisky; or(d) Blended Scotch Whisky.

(2) During the period until (and including) 22nd November 2012, a person must not move anySingle Malt Scotch Whisky from Scotland to another country in a wooden cask or other woodenholder.

(3) On and after 23rd November 2012 a person must not move any Single Malt Scotch Whiskyfrom Scotland to another country except in a bottle (made of any inert material) that is labelled forretail sale.

(4) For the purposes of this regulation a person is regarded as having moved Scotch Whiskyfrom Scotland to another country if they—

(a) physically move the whisky from Scotland to another country; or(b) arrange (whether directly or through a third party) for another person to physically move

the whisky from Scotland to another country.(5) In this regulation “retail sale” means any sale except a sale for use or resale in the course of a

trade or business.

Compulsory sales descriptions

8.—(1) The category into which a Scotch Whisky falls must be stated on—(a) the front of a container of Scotch Whisky; and

(b) any individual packaging used for the transportation of the container, or used for displaypurposes during the marketing of the whisky, unless, in both cases, the front of thecontainer is clearly visible through that packaging.

(2) The categories are—(a) Single Malt Scotch Whisky;(b) Single Grain Scotch Whisky;(c) Blended Malt Scotch Whisky;(d) Blended Grain Scotch Whisky; and

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(e) Blended Scotch Whisky.(3) The name of the category must be—

(a) printed in a conspicuous place in such a way as to be easily visible and legible to thenaked eye and indelible so that it is clear that it is the sales description of the whisky;

(b) printed in a way that gives equal prominence to each word making up the name of thecategory; and

(c) as prominent as any other description of the whisky on the container or packaging, exceptfor—(i) any separate use of the description “Scotch Whisky”;

(ii) any statement relating to the year in which the whisky was distilled, the year inwhich it was bottled, the period for which it was matured or the age of the whisky;and

(iii) any descriptive word or words forming part of the brand name.(4) The name of the category must not be—

(a) overlaid or interrupted by other written or pictorial matter; or(b) used in conjunction with any other words.

(5) But paragraph (4)(b) does not prevent the name of a Scottish locality or region from beingappended to the name of the category of the whisky to indicate where the Scotch Whisky wasdistilled if —

(a) it appears immediately before the name of the category;(b) the whisky was distilled in the named locality or region; and(c) the use of that name does not otherwise contravene regulation 10.

(6) A person must not label, package or sell any Scotch Whisky in a way that does not complywith paragraph (1), (3) or (4).

(7) A person must not label, package, sell, advertise or promote any Scotch Whisky as fallingwithin a category if it does not fall into that category.

Names of distilleries and distillers etc.

9.—(1) The name of a distillery mentioned in Schedule 1 must not be used as a brand name, oras part of a brand name of a Scotch Whisky, or be used in a similar fashion in terms of itspositioning or prominence, unless the whisky has been wholly distilled at that distillery.

(2) Any name adopted for a Scotch Whisky distillery after these Regulations come into force,including the name of a new or re-opened Scotch Whisky distillery, must not be used by theproprietor of that distillery as a brand name, or as part of a brand name, for a Scotch Whisky, or beused in a similar fashion in terms of its position or prominence, unless the Scotch Whisky hasbeen wholly distilled at that distillery.

(3) But paragraph (2) does not apply in the circumstances specified in Schedule 2.

(4) Scotch Whisky must not be labelled, packaged, advertised or promoted in any other waythat, having regard to the presentation of the product as a whole, creates a likelihood that thepublic may think that it has been distilled at any distillery or place other than the distillery or placeat which it was actually distilled.

(5) Single Malt Scotch Whisky and Single Grain Scotch Whisky must not be labelled, packaged,advertised or promoted in any way that, having regard to the presentation of the product as awhole, creates a likelihood that the public may think that the whisky was distilled by any personother than the person who distilled it, or the owner or operator of the distillery at which it wasdistilled, whether by an indication that that person is the distiller, the owner or operator of thedistillery, or otherwise.

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(6) A person must not label, package, advertise or promote any Scotch Whisky in a way thatcontravenes the requirements of paragraph (1), (2), (4) or (5), or sell any Scotch Whisky that hasbeen labelled or packaged in that way.

Locality and region geographical indications

10.—(1) A whisky or whisky-based drink must not be labelled, packaged, advertised orpromoted in a way that includes the name of a protected locality or a protected region unless—

(a) in the case of whisky, the whisky is Scotch Whisky that has been distilled in that localityor region; or

(b) in the case of a whisky-based drink, the only whisky in the drink is Scotch Whisky thathas been distilled in that locality or region.

(2) But paragraph (1) does not apply in the circumstances specified in Schedule 3.(3) A whisky or whisky-based drink must not be labelled, packaged, advertised or promoted in a

way that includes any reference to a name that is similar to the name of a protected locality orprotected region if, having regard to the presentation of the product as a whole, the reference maycreate a likelihood of confusion on the part of the public as to where the whisky or whisky-baseddrink was distilled.

(4) A person must not label, package, advertise or promote any whisky or whisky-based drink ina way that contravenes paragraph (1) or (3), or sell any whisky or whisky-based drink that hasbeen labelled or packaged in that way.

(5) The protected localities are—(a) “Campbeltown”, comprising the South Kintyre ward of the Argyll and Bute Council as

that ward is constituted in the Argyll and Bute (Electoral Arrangements) Order 2006(a);and

(b) “Islay”, comprising the Isle of Islay in Argyll.(6) The protected regions are—

(a) “Highland”, comprising that part of Scotland that is north of the line dividing theHighland region from the Lowland region;

(b) “Lowland”, comprising that part of Scotland that is south of the line dividing theHighland region from the Lowland region; and

(c) “Speyside”, comprising—(i) the wards of Buckie, Elgin City North, Elgin City South, Fochabers Lhanbryde,

Forres, Heldon and Laich, Keith and Cullen and Speyside Glenlivet of the MorayCouncil as those wards are constituted in the Moray (Electoral Arrangements) Order2006(b); and

(ii) the Badenoch and Strathspey ward of the Highland Council as that ward isconstituted in the Highland (Electoral Arrangements) Order 2006(c).

(7) In this regulation “the line dividing the Highland region from the Lowland region” means theline beginning at the North Channel and running along the southern foreshore of the Firth of Clydeto Greenock, and from there to Cardross Station, then eastwards in a straight line to the summit ofEarl’s Seat in the Campsie Fells, and then eastwards in a straight line to the Wallace Monument,and from there eastwards along the line of the B998 and A91 roads until the A91 meets the M90road at Milnathort, and then along the M90 northwards until the Bridge of Earn, and then alongthe River Earn until its confluence with the River Tay, and then along the southern foreshore ofthat river and the Firth of Tay until it comes to the North Sea.

(a) S.S.I. 2006/378.(b) S.S.I. 2006/372.(c) S.S.I. 2006/481.

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Use of the words ‘pure’ and ‘malt’ and derivations

11. A person must not label, package, sell, advertise or promote any Scotch Whisky in a waythat includes—

(a) the phrase ‘pure malt’ or any derivation of that phrase; or(b) the words ‘pure’ and ‘malt’, or any derivation of those words in a way that, although the

words are separated from each other (whether by text or otherwise), the word ‘pure’ (orany derivation of it) is used adjectivally in connection with the word ‘malt’ (or anyderivation of it).

Maturation, age and distillation statements

12.—(1) Without prejudice to the obligation to comply with the directly applicable requirementsof Article 12(3) of Regulation (EC) No 110/2008 (which requires, among other things, that anymaturation period or age may only be specified in the description, presentation or labelling of aspirit drink where it refers to the youngest alcoholic component in the drink), a person must notlabel, package, sell, advertise or promote any Scotch Whisky in a way that includes a reference toits maturation period or age unless the maturation period or age is expressed in years.

(2) A person must not label, package, sell, advertise or promote any Scotch Whisky in a waythat includes a reference relating to when it was distilled unless—

(a) the reference relates to a single calendar year;(b) all of the whisky in the drink was distilled in that year;(c) the presentation of the whisky also includes a reference to—

(i) the year of bottling of the whisky;(ii) the maturation period of the whisky; or

(iii) the age of the whisky; and(d) the reference to the year of bottling, the maturation period, or age of the whisky appears

in the same field of vision as the reference to the year of distillation.(3) A person must not label, package, sell, advertise or promote any Scotch Whisky in a way

that includes a reference to any number (however expressed) if the reference to that number maycreate a likelihood of confusion on the part of the public as to whether the number relates to thematuration period of the whisky, its age or when it was distilled.

Transitional provisions relating to labelling and packaging

13.—(1) A person is not to be taken to have contravened, or to have failed to comply with,regulation 8, 9, 10, 11 or 12 by reason of the labelling or packaging of any whisky or whisky-based drink on or before 22nd November 2011.

(2) It is for a person seeking to rely on paragraph (1) in relation to any whisky or whisky-baseddrink to prove that the drink was labelled or packaged on or before 22nd November 2011.

Transitional provisions relating to advertising and promotion

14. A person is not to be taken to have contravened, or to have failed to comply with regulation8, 9, 10, 11 or 12 by reason of the advertising or promotion of any whisky or whisky-based drinkon or before 22nd November 2011.

Designation

15. In relation to Scotch Whisky, the Commissioners for Her Majesty’s Revenue and Customsare designated as a competent authority for the purpose of Article 24(1) of Regulation (EC) No

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110/2008 in relation to the verification function imposed on them by regulation 5(1) of the SpiritDrinks Regulations 2008(a).

Enforcement

16. —(1) Each food authority must enforce the provisions of these Regulations within its area.(2) Each port health authority must enforce the provisions of these Regulations within its

district.

Appointment of officers

17. Each food authority and each port health authority must appoint officers for the purposes ofthe enforcement of these Regulations.

Duty to give assistance and provide information

18. Each enforcement authority must give such assistance and information to any otherenforcement authority as it may reasonably require for the purpose of its duties under theseRegulations.

Powers of entry

19.—(1) An authorised officer may enter any premises at any reasonable hour for the purpose ofensuring that the provisions of these Regulations are being complied with.

(2) The authorised officer may take with them such other persons as they consider necessary.(3) An authorised officer must not exercise the powers under paragraph (1) or (2) except on the

production, if so required, of a duly authenticated document showing their authority.(4) Admission to any premises used only as a private dwellinghouse may not be demanded as of

right unless 24 hours notice of the intended entry has been given to the occupier or the entry is inaccordance with a warrant granted under this regulation.

(5) If a justice of the peace, on sworn information in writing, is satisfied of the mattersmentioned in paragraph (6), they may sign a warrant permitting an authorised officer to enter anypremises, if needs be by reasonable force.

(6) The matters are that—(a) there are reasonable grounds for believing that Condition A or B is met; and(b) Condition C, D or E is met.

(7) Condition A is that on the premises there are items or products of the type mentioned inregulation 20(1)(a)(i) to (x) or documents or records of the type mentioned in regulation 20(1)(e)and that their inspection is likely to disclose evidence of a contravention of, or failure to complywith, these Regulations.

(8) Condition B is that a contravention of, or failure to comply with, these Regulations hasoccurred, is occurring or is about to occur on those premises.

(9) Condition C is that admission to the premises has been, or is likely to be, refused, and thatthe occupier has been informed (whether orally or in writing) that a warrant may be applied for.

(10) Condition D is that admission to the premises has been, or is likely to be, refused, andinforming the occupier that a warrant under this regulation may be applied for may defeat theobject of the entry.

(11) Condition E is that the premises are unoccupied or that the occupier is temporarily absentand it may defeat the object of the entry to await their return.

(12) A warrant granted under paragraph (5) —

(a) S.I. 2008/3206.

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(a) is valid for one month, beginning with the day on which it is granted; and(b) must be produced for inspection to the person (if there is one) who appears to the officer

to be the occupier, or the person in charge, of the premises.(13) An authorised officer who enters any premises that are unoccupied or where the occupier is

temporarily absent must leave the premises as effectively secured against unauthorised entry aswhen they found them.

(14) In this regulation, a reference to a justice of the peace—(a) in Scotland includes a reference to a sheriff; and(b) in Northern Ireland is a reference to a lay magistrate.

Powers of an authorised officer

20.—(1) An authorised officer (“O”) entering premises under regulation 19 may—(a) inspect the premises, and any still and any other plant, machinery or equipment on those

premises, and any of the following items found on those premises—(i) any whisky partly or fully packaged ready for sale;

(ii) any whisky-based drink partly or fully packaged ready for sale;(iii) any product purporting to be a whisky or whisky-based drink partly or fully

packaged ready for sale;(iv) any product that O has reasonable grounds for believing is regulated by regulation

6(2);(v) any liquid that O has reasonable grounds for believing is a distillate regulated by

these Regulations (including any vessel in which the liquid is found);

(vi) any liquid that, although not packaged ready for sale, O has reasonable grounds forbelieving will be used for a product regulated by these Regulations (including anyvessel in which the liquid is found);

(vii) any raw material or ingredients that O has reasonable grounds for believing may beused to produce any distillate or drink regulated by these Regulations, includingcolourings and flavourings;

(viii) any mash that O has reasonable grounds for believing may be used to produce anydistillate regulated by these Regulations;

(ix) any packaging or label that O has reasonable grounds for believing may be used for aproduct regulated by these Regulations;

(x) any advertising or promotional materials relating to a drink, or other documentationrelating to a distillate or to a drink, that O has reasonable grounds for believing maybe used for a product regulated by these Regulations;

(b) search the premises;(c) take samples;

(d) carry out any inquiries, examinations or tests;(e) have access to, and inspect and copy, any documents or records (in whatever form they

are held) relating to matters covered by these Regulations, and remove them to enablethem to be copied;

(f) have access to, and inspect and check the data on, and operation of, any computer, andany associated electronic storage device or apparatus (“computer equipment”) that is, orhas been in use in connection with, the documents or records mentioned in sub-paragraph(e), including data relating to deleted files and activity logs; and for this purpose O mayrequire any person having charge of, or otherwise concerned with the operation of, thecomputer equipment to afford to O such assistance (including the provision of passwords)as O may reasonably require, and, during the course of the checks, O may recover dataheld on the computer equipment; and

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(g) where a document or record mentioned in sub-paragraph (e) is kept by means of acomputer, require the record to be produced in a form in which it may be taken away.

(2) O may direct (“a regulation 20(2) direction”) a person (“P”) that the following must be leftundisturbed for as long as is reasonably necessary for the purpose of any examination orinvestigation—

(a) any one or more of the items mentioned in paragraph (1)(a)(i) to (x);(b) any document or record mentioned in paragraph (1)(e);(c) any computer equipment mentioned in paragraph (1)(f); and(d) any premises on or in which any of those items are found.

(3) P must comply with a regulation 20(2) direction given to them by O.(4) A person, other than O and P, who knows about a regulation 20(2) direction must not

(although the direction was not given to them) disturb any item or premises in contravention of theterms of the direction.

(5) O may seize and detain any item of the type mentioned in paragraph (1)(a)(i) to (x) ordocument or record mentioned in paragraph (1)(e) that O has reason to believe may be required asevidence in proceedings under these Regulations.

(6) O may seize as liable to destruction any product of the type mentioned in paragraph (1)(a)(i),(ii) or (iii) that O reasonably believes contravenes any provision of these Regulations.

(7) O may seize any computer equipment for the purpose of copying documents or records ofthe type mentioned in paragraph (1)(e), and for checking the data on, and operation of, anycomputer equipment that is, or has been, in use in connection with, those documents or records,provided it is returned as soon as practicable and, in any event, within 28 days, beginning with theday on which the equipment is seized.

(8) If O is not able to remove an item, product or computer equipment seized under paragraph(5), (6) or (7) immediately, they may—

(a) mark it in any way that they see fit; and(b) give the person (“P”) appearing to them to be in charge of the item, product or computer

equipment a notice (“a regulation 20(8) notice”)—(i) identifying it;

(ii) requiring the item or computer equipment to be left undisturbed until it is collectedby O; and

(iii) prohibiting the removal of the item, product or computer equipment from thepremises on which it was found until it is collected by O.

(9) P must not contravene a regulation 20(8) notice given to them by O.(10) A person, other than O and P, who knows about a regulation 20(8) notice, must not

(although the notice was not given to them) disturb or remove an item, product or computerequipment in contravention of the terms of the notice.

(11) O must not exercise the powers under this regulation except on the production, if sorequired, of a duly authenticated document showing their authority.

Procedure on seizure

21.—(1) An authorised officer (“O”) must follow the procedures set out in this regulation if theyseize anything under regulation 20(5), (6) or (7).

(2) O must give to the person appearing to O to be in charge of the premises from which theseized item, product or computer equipment is seized (“the premises”) a notice that must state—

(a) what O has seized;(b) when O seized it;(c) the grounds for the seizure of the item, product or equipment; and

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(d) the address to which, and the period during which, a claim may be made for the return ofthe item, product or equipment.

(3) But where the premises are unoccupied, or no-one appears to O to be in charge of thepremises, O must attach a notice to a conspicuous part of the premises, or to some conspicuousobject on the premises, containing the information mentioned in sub-paragraphs (a) to (d) ofparagraph (2).

(4) A person having a proprietary interest in the seized item, product or computer equipment(including a lender who has a debt secured on the item, product or equipment) may notify theenforcement authority of any claim that the seized item, product or equipment was not liable toseizure, setting out the grounds for the claim in full.

(5) The claim must be made within 28 days of the seizure, beginning on the day on which theseized item, product or computer equipment is seized, to the address specified in the seizurenotice.

(6) If a notification of a claim is not received within 28 days in respect of an item seized underregulation 20(5), the enforcement authority may retain the seized item for as long as necessarywhile it is being held for the purpose of any criminal investigation or proceedings or for use asevidence at a trial.

(7) If a notification of a claim is received within 28 days in respect of an item seized underregulation 20(5), the enforcement authority must—

(a) return the seized item within 14 days, beginning with the day on which the claim isreceived; or

(b) retain the seized item or product for as long as necessary while it is being held for thepurpose of any criminal investigation or proceedings, or for use as evidence at a trial, butit must notify the claimant that the seized item is being retained, and of the reason why itis being retained, within 14 days, beginning with the day on which the claim is received.

(8) If a notification of a claim is not received within 28 days in respect of a product seized underregulation 20(6), the enforcement authority may—

(a) if a decision is taken by the enforcement authority not to destroy the seized product but toretain it for the purpose of any criminal investigation or proceedings, or for use asevidence at a trial, retain the seized product for as long as necessary for one of thosepurposes, but the enforcement authority must—(i) notify the relevant person that the seized product is being retained, and of the reason

why it is being retained, within 14 days of the expiry of the claim period, beginningwith the day after the claim period expires; or

(ii) where the enforcement authority does not know who the relevant person is, and thiscannot be ascertained after reasonable enquiries have been made by the enforcementauthority, attach a notice to a conspicuous part of the premises, or a conspicuousobject on those premises, within 14 days of the expiry of the claim period, beginningwith the day after the claim period expires, stating that the seized product is beingretained, and the reason why it is being retained; or

(b) destroy the seized product within 28 days, beginning with the day after the 28 day claimperiod expires, if it is satisfied that the product contravenes these Regulations, and—(i) notify the relevant person that the seized product has been destroyed within 10 days

of its destruction, beginning on the day on which the destruction was completed; or(ii) where the enforcement authority does not know who the relevant person is, and this

cannot be ascertained after reasonable enquiries have been made by the enforcementauthority, attach a notice to a conspicuous part of the premises, or to a conspicuousobject on those premises, within 10 days of the destruction of the product, beginningwith the day on which the destruction was completed stating that the seized producthas been destroyed.

(9) In paragraph (8) the “relevant person” means—

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(a) if the enforcement authority knows the identity of a person with a proprietary interest inthe seized product, that person or (where it knows the identity of more than one personwith a proprietary interest in the seized property) each of those persons; or

(b) if the enforcement authority does not know the identity of a person with a proprietaryinterest in the seized product, the person appearing to it to be in charge of the premises.

(10) In the case of any product destroyed under paragraph (8)(b), the enforcement authority mayrecover the following costs as a debt from any person who had a proprietary interest in the productimmediately before its destruction (apart from a lender who has a debt secured on the product)—

(a) the costs of the removal and transport of the product from the premises to the place atwhich it is stored;

(b) the costs of the storage of the product for up to 28 days;(c) any costs for the removal and transport of the product if it is moved from one place of

storage to another place of storage;(d) the costs of the transport of the product from the place of storage to the place of

destruction; and(e) the costs of the destruction of the product.

(11) If a notification of a claim is received within 28 days in respect of a product seized underregulation 20(6), the enforcement authority must—

(a) return the seized product within 14 days, beginning with the day on which the claim isreceived;

(b) if a decision is taken by the enforcement authority not to destroy the seized product but toretain it for the purpose of any criminal investigation or proceedings or for use asevidence at a trial, retain the product for as long as necessary for one of those purposesbut the enforcement authority must notify the claimant that the seized product is beingretained, and of the reason why it is being retained, within 14 days of the claim,beginning with the day on which the claim is received; or

(c) within 14 days of the claim, beginning with the day on which the claim is received, takeproceedings (“regulation 21(11)(c) proceedings”) in a relevant court for an order givingthem authority to destroy the product.

(12) In regulation 21(11)(c) proceedings the relevant court may—(a) authorise the enforcement authority to destroy the seized product;(b) authorise the enforcement authority to retain the product for the purpose of any criminal

investigation or proceedings, or for use as evidence at a trial, for as long as necessary forone of those purposes; or

(c) require the enforcement authority to return the product to the claimant and impose adeadline by which this must be done.

(13) If, in regulation 21(11)(c) proceedings, the relevant court authorises the enforcementauthority to destroy the seized product, the court may also make an order requiring the claimant(but not a claimant who is a lender with a debt secured on the product) to pay such of thefollowing costs as the court may specify—

(a) the costs of the removal and transport of the product from the premises to the place atwhich it is stored;

(b) the costs of the storage of the product for up to 28 days;(c) any costs for the removal and transport of the product if it is moved from one place of

storage to another place of storage;(d) the costs of the transport of the product from the place of storage to the place of

destruction; and(e) the costs of the destruction of the product.

(14) If a notification of a claim is received within 28 days in the case of any computerequipment seized under regulation 20(7), the enforcement authority must—

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(a) return the seized computer equipment within seven days of the claim, beginning with theday on which the claim is received, or, if shorter, within the remainder of the maximum28 day period provided for in regulation 20(7); or

(b) take proceedings in a relevant court within seven days of the claim, beginning with theday on which the claim is received unless there are seven days or less remaining beforethe expiry of the maximum 28 day period provided for in regulation 20(7), for an orderauthorising the enforcement authority to retain the seized computer equipment inaccordance with the requirements laid down in regulation 20(7).

(15) If, in the case of any computer equipment seized under regulation 20(7), the relevant courtauthorises the enforcement authority to retain the seized computer equipment, the court mayimpose conditions as to the basis on which the equipment may continue to be retained, includingthe imposition of a deadline by which the equipment must be returned that is shorter than the 28day maximum period provided for in regulation 20(7).

(16) The procedure in a magistrates’ court under this regulation is by way of complaint, and—(a) in England and Wales, the Magistrates’ Courts Act 1980(a) applies to the proceedings;

and(b) in Northern Ireland, the Magistrates’ Courts (Northern Ireland) Order 1981(b) applies to

the proceedings.(17) The procedure before a sheriff court under this regulation is by way of summary

application.

Improvement notices

22.—(1) If an authorised officer (“O”) has reasonable grounds for believing that any person(“P”) is failing to comply with regulation 5, 6, 7(1), (2) or (3), 8(6) or (7), 9(6), 10(4), 11 or 12, Omay give P a notice (“an improvement notice”) that—

(a) states O’s grounds for believing this;(b) specifies the matter that constitutes the failure to comply with these Regulations;(c) specifies what P must stop doing, or the measures that, in O’s opinion, P must take in

order to comply with these Regulations;(d) require P to stop doing the action specified in the notice, or take the measures specified in

the notice (or, where provided for in the notice, any measures agreed by O as being atleast equivalent to them), within the period (being not less than 14 days) specified in thenotice;

(e) informs P of the right of appeal to a relevant court conferred by regulation 23; and(f) informs P of the period within which such an appeal may be brought.

(2) A person must not contravene or fail to comply with an improvement notice.

Appeals against improvement notices

23.—(1) Any person who is aggrieved about an improvement notice may appeal against thatnotice to a relevant court.

(2) The procedure on an appeal to a magistrates’ court under paragraph (1) is by way ofcomplaint, and—

(a) in England and Wales, the Magistrates’ Courts Act 1980 applies to the proceedings; and(b) in Northern Ireland, the Magistrates’ Courts (Northern Ireland) Order 1981 applies to the

proceedings.(3) An appeal to a sheriff court under paragraph (1) is by summary application.

(a) 1980 c. 43.(b) S.I. 1981/1675 (N.I. 26).

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(4) The period within which an appeal may be brought is 28 days, beginning with the day onwhich the improvement notice is given.

Powers relating to appeals

24.—(1) The relevant court may suspend an improvement notice pending an appeal.(2) On an appeal against an improvement notice the relevant court may either cancel or confirm

the notice with or without modification.

Publication of notices

25.—(1) An enforcement authority must publicise the cases in which any product seized underregulation 20(6) has been destroyed, in such manner as it sees fit.

(2) But an enforcement authority must not publish the destruction of any item seized underregulation 20(6) where it considers that it would be inappropriate to do so.

(3) An enforcement authority must publicise the cases in which improvement notices have beengiven by it under regulation 22, in such manner as it sees fit.

(4) But an enforcement authority must not publicise an improvement notice given by it underregulation 22—

(a) until the time for appealing against the imposition of the improvement notice has passed;(b) during the period that any appeal against the imposition of the improvement notice is

ongoing;(c) where an appeal against the imposition of the improvement notice is successful; or(d) in any other case where the enforcement authority considers that it would be

inappropriate to do so.

Obstruction

26.—(1) A person (“P”) must not obstruct any person acting in the execution of theseRegulations (“O”).

(2) P must give to O any assistance or information that O may reasonably require of P for theperformance of O’s functions under these Regulations.

(3) P must not furnish any false or misleading information to O.(4) P must produce a record to O when required to do so by O.

Offences

27. A person is guilty of an offence if they contravene, or fail to comply with regulation 5, 6,7(1), (2) or (3), 8(6) or (7), 9(6), 10(4), 11, 12, 20(3), (4), (9) or (10), 22(2) or 26.

Fines

28. A person guilty of any offence under regulation 27 is liable—(a) on conviction on indictment, to a fine; and(b) on summary conviction, to a fine not exceeding the statutory maximum.

Offences by bodies corporate etc.

29.—(1) Where an offence committed by a body corporate (other than a limited liabilitypartnership or a Scottish partnership) is proved to have been committed with the consent orconnivance of, or is attributable to the neglect of, an officer of the body corporate, or a personpurporting to act in such a capacity, that officer or person (as well as the body corporate) is guiltyof the offence and is liable to be proceeded against and punished accordingly.

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(2) Where the affairs of a body corporate are managed by its members, paragraph (1) applies inrelation to the acts and defaults of a member, and a person purporting to act in such a capacity, inconnection with the member’s functions of management as it applies to an officer of a bodycorporate.

(3) Where an offence committed by an unincorporated body (other than an unincorporatedpartnership) is proved to have been committed with the consent or connivance of, or is attributableto the neglect on the part of, any officer of that body or a person purporting to act in such acapacity, that officer or person (as well as the unincorporated body) is guilty of the offence andliable to be proceeded against and punished accordingly.

(4) Where an offence committed by a partnership (including a Scottish partnership but excludinga limited liability partnership) is proved to have been committed with the consent or connivanceof, or is attributable to the neglect of a partner, or a person purporting to act in such a capacity, thepartner or person (as well as the partnership) is guilty of the offence and liable to be proceededagainst and punished accordingly.

(5) Where an offence committed by a limited liability partnership is proved to have beencommitted with the consent or connivance of, or is attributable to the neglect of, a member of thatpartnership, or a person purporting to act in such a capacity, that member or person (as well as thelimited liability partnership) is guilty of the offence and is liable to be proceeded against andpunished accordingly.

(6) In this regulation “offence” means an offence under these Regulations.

Default of third person

30. Where the commission by one person (“A”) of an offence under these Regulations is due tothe act or default of another (“B”), B also commits the offence, and B may be charged with andconvicted of the offence by virtue of this paragraph whether or not proceedings are taken againstA.

Defences

31.—(1) In proceedings for an offence under these Regulations in Scotland it is a defence for theaccused to prove that they took all reasonable steps and exercised all due diligence to avoidcommitting the offence.

(2) In proceedings for an offence under these Regulations in the remainder of the UnitedKingdom it is a defence for the defendant to prove that they took all reasonable steps andexercised all due diligence to avoid committing the offence.

(3) A person may not rely on a defence that involves an allegation that the commission of theoffence was due to the act or default of another person unless—

(a) in Scotland at least seven clear days before the trial diet the accused has given to theprocurator fiscal a notice in writing giving such information identifying or assisting in theidentification of the other person as was then in their possession;

(b) in the remainder of the United Kingdom at least seven clear days before the hearing thedefendant has given to the prosecutor a notice in writing giving such informationidentifying or assisting in the identification of the other person as was then in theirpossession; or

(c) the court grants them leave.

Giving of penalty notice for penalty offence

32. An enforcement authority that has reason to believe that a person has committed an offenceunder regulation 27 (“the relevant offence”) in relation to a contravention or failure to complywith regulation 5, 6, 7(1), (2) or (3), 8(6) or (7), 9(6), 10(4), 11, 12, 20(3), (4), (9) or (10) or 22(2)may give a penalty notice to that person.

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Contents and form of penalty notice

33. A penalty notice given by an enforcement authority must—(a) give such particulars of the circumstances alleged to constitute the offence as are

necessary for giving reasonable information about the offence;(b) state the amount of the penalty;(c) state the period during which, by virtue of regulation 35, proceedings will not be taken for

the offence;(d) state the person to whom, and the address at which, the penalty may be paid and the ways

in which the penalty may be paid; and(e) state that payment must not be made in cash.

Amount of penalty

34.—(1) The amount of the penalty must be determined by the enforcement authority and mustneither be less than £1,000 nor more than £4,000.

(2) The factors to be taken into account by the enforcement authority in determining the amountof the penalty may include (but are not limited to) one or more of the factors mentioned inSchedule 4.

Restriction on proceedings for penalty offence

35.—(1) Where a person is given a penalty notice—(a) no proceedings may be brought against them for the penalty offence to which that notice

relates before the end of the period of 28 days, beginning with the day on which theywere given the notice; and

(b) that person may not be convicted of the offence if the penalty is paid in accordance withregulation 36 before the end of that period.

(2) Paragraph (1) does not apply if the penalty notice is withdrawn in accordance with regulation39.

Payment of penalty

36.—(1) Payment of any penalty must be made to the person specified in the penalty notice bysending it by post or by such method as may be specified in the notice.

(2) Payment of any penalty may not be made in cash.

Certificate of payment or non-payment of a penalty

37. In any proceedings a certificate purporting to be signed by or on behalf of the enforcementauthority, stating that payment in respect of a penalty notice was or was not received on or beforea date specified in the certificate, is evidence of the facts stated.

Penalty receipts

38. Penalties paid to an enforcement authority must be paid into the Consolidated Fund.

Withdrawal of penalty notice

39.—(1) A penalty notice may be withdrawn by an enforcement authority which has reason tobelieve that it ought not to have been given (whether to the person named in the penalty notice orotherwise).

(2) A penalty notice may be withdrawn by the enforcement authority giving notice to the personnamed in the penalty notice before or after the payment of the penalty.

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(3) Where an enforcement authority withdraws a penalty notice it must repay any penalty paidunder the penalty notice to the person named in the penalty notice within 28 days, beginning withthe day on which the notice of the withdrawal of the penalty notice is given.

Civil remedy

40.—(1) If the Court of Session is satisfied, on the application of a person mentioned inparagraph (4), that any person has contravened regulation 5, 6, 7(1), (2) or (3), 8(6) or (7), 9(6),10(4), 11 or 12, in Scotland, the Court may grant an interdict prohibiting such contravention.

(2) If the High Court is satisfied, on the application of a person mentioned in paragraph (4), thatany person has contravened regulation 6, 8(6) or (7), 9(6), 10(4), 11 or 12 in England, NorthernIreland or Wales, the Court may grant an injunction prohibiting such contravention.

(3) If the High Court is satisfied, on the application of a person mentioned in paragraph (4), thatany person has contravened regulation 7(1), (2) or (3) in a case where regulation 7(4)(b) appliesand the person arranging the movement of the whisky is in England, Northern Ireland or Wales,the Court may grant an injunction prohibiting such contravention.

(4) The persons are—(a) any distiller or blender of Scotch Whisky;(b) the owner of a brand of Scotch Whisky;(c) The Scotch Whisky Association; or(d) any other person appearing to the court to be representative of a group of persons who are

distillers or blenders of Scotch Whisky or owners of brands of Scotch Whisky.

Giving of notices

41.—(1) Any notice required to be given under these Regulations to any person may be given tothem by—

(a) delivering it to them;(b) leaving it at their proper address; or(c) sending it to them by post at that address.

(2) The notice may be given to a body corporate by being given to an officer of that body.(3) The notice may be given to a limited liability partnership by being given to a member of the

partnership or a person having the control or management of the partnership business.(4) The notice may be given to a Scottish partnership or unincorporated partnership by being

given to a partner or a person having the control or management of the partnership business.(5) The notice may be given to any other unincorporated body by being given to an officer of

that body.(6) For the purposes of this regulation and section 7 of the Interpretation Act 1978(a) (service of

documents by post) in its application to this regulation, the proper address of any person to whoma notice is to be given is—

(a) in the case of a body corporate, the address of the registered or principal office of thebody;

(b) in the case of a limited liability partnership or a Scottish partnership, the address of theregistered or principal office of the partnership;

(c) in the case of an unincorporated partnership or any other unincorporated body, theaddress of the principal office of the partnership or body;

(a) 1978 c. 30.

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(d) in the case of a person to whom the notice is given in reliance on any of paragraph (2),(3), (4) or (5), the proper address of the body corporate, partnership or otherunincorporated body in question; and

(e) in any other case, the last known address of the person in question.(7) For the purposes of paragraph (6) the references to “the principal office” in relation to a

company which is registered outside the United Kingdom, a partnership which is carrying onbusiness outside the United Kingdom and any other unincorporated body which has its principaloffice outside the United Kingdom, include a reference, in each case, to their principal officewithin the United Kingdom (if any).

(8) Paragraph (9) applies if a person to be given a notice under these Regulations has specifiedan address (“the specified address”) within the United Kingdom other than their proper address (asdecided under paragraph (6)) as the one at which they, or someone on their behalf, will acceptdocuments of the same description as a notice given under these Regulations.

(9) The specified address is also to be treated for the purposes of this regulation and section 7 ofthe Interpretation Act 1978 in its application to this regulation as the person’s proper address.

(10) In relation to Wales, any notice required to be given under these Regulations to any personmust be in English and Welsh.

(11) In this regulation “body corporate” does not include a limited liability partnership or aScottish partnership.

Jim FitzpatrickMinister of State

26th October 2009 Department for Environment, Food and Rural Affairs

SCHEDULE 1 Regulation 9(1)

DISTILLERIES TO WHICH REGULATION 9(1) APPLIESColumn (1) Column (2)Aberfeldy GlenmorangieAberlour Glen Moray (also known as Glen Moray-

Glenlivet)Abhainn Dearg (also known as Red River) Glen OrdAilsa Bay GlenrothesAllt a’ Bhainne Glen ScotiaArdbeg Glen SpeyArdmore GlentauchersAuchentoshan GlenturretAuchroisk Highland ParkAultmore InchgowerBalblair InvergordonBalmenach Isle of ArranBalvenie Isle of JuraBen Nevis KilchomanBenriach KilkerranBenrinnes KininvieBenromach KnockandoBladnoch Knockdhu

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Column (1) Column (2)Blair Athol LagavulinBowmore LaphroaigBraeval LinkwoodBruichladdich Loch EweBunnahabhain Loch LomondCameronbridge LongmornCaol Ila MacallanCaperdonich MacduffCardhu MannochmoreClynelish MiltonduffCragganmore MortlachCraigellachie North BritishDaftmill ObanDailuaine Port DundasDalmore PulteneyDalwhinnie RoseisleDeanston Royal BracklaDufftown (also known as Dufftown-Glenlivet) Royal LochnagarEdradour ScapaFettercairn SpeyburnGirvan SpeysideGlenallachie SpringbankGlenburgie StrathclydeGlencadam StrathislaGlendronach StrathmillGlendullan TaliskerGlen Elgin TamdhuGlenfarclas TamnavulinGlenfiddich TeaninichGlen Garioch The GlenlivetGlenglassaugh TobermoryGlengoyne TomatinGlen Grant TomintoulGlen Keith TormoreGlenkinchie TullibardineGlenlossie

SCHEDULE 2 Regulation 9(3)

CIRCUMSTANCES IN WHICH REGULATION 9(2) DOES NOTAPPLY

Regulation 9(2) does not apply where a distillery has changed its name and the new name for thedistillery is used as a brand name, or as part of a brand name (or is used in a similar fashion interms of its position or prominence) for a Scotch Whisky distilled at that distillery before the newname had been adopted.

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SCHEDULE 3 Regulation 10(2)

CIRCUMSTANCES IN WHICH REGULATION 10(1) DOES NOTAPPLY

1. Regulation 10(1) does not apply where the name of a protected locality or a protected regionforms part of a trade mark or company name registered before 1st September 2009 and the name ofthe protected locality or protected region is only included on the labelling or packaging of aScotch Whisky, or a Scotch Whisky-based drink, as part of that trade mark or company name.

2. Regulation 10(1) does not apply where the name of a protected locality or a protected regionis mentioned only as part of the address of the distiller, producer, bottler, brand owner or seller ofthe drink.

3. In relation to a Blended Malt Scotch Whisky, a Blended Grain Scotch Whisky or a BlendedScotch Whisky, regulation 10(1) does not apply where—

(a) a protected locality or protected region is only mentioned by a reference to the individualwhiskies that have been blended together to make the whisky; and

(b) the individual whiskies that have been blended together to make the whisky were notdistilled anywhere else but in the specified localities or regions.

4. Regulation 10(1) does not apply where a brand owner refers in the labelling, packaging oradvertising of one of their brands of Scotch Whisky to another brand of Scotch Whisky owned bythem and the reference to the other brand includes a reference to a protected locality or protectedregion in which that other brand is distilled.

SCHEDULE 4 Regulation 34(2)

FACTORS TO BE TAKEN INTO ACCOUNT IN DETERMINING THEAMOUNT OF A PENALTY

PART 1Aggravating factors

1. Seriousness of the non-compliance.

2. Financial harm to consumers.

3. Financial harm to competitors.

4. Duration of non-compliance.

5. Evidence of intention behind the non-compliance.

6. History of non-compliance of the person (“P”) to whom the penalty notice is to be given.

7. Financial gain made by P as a result of the non-compliance.

8. Financial resources of P.

9. Size of P’s business.

10. Availability of the non-compliant product, including the number of retail shops in which ithas been marketed.

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11. Where P is a retailer with a number of retail shops, the number of retail shops operated bythem (whether or not there is evidence that the non-compliant product has been, or may have been,marketed in all of those shops).

12. The conduct of P after the non-compliance is drawn to their attention by an enforcementauthority.

13. Previous action taken by the enforcement authority to help P comply with the Regulations.

PART 2Mitigating factors

1. Action taken to eliminate or reduce the risk of harm resulting from the non-compliance.

2. Action taken by P to repair the harm done by the non-compliance.

3. Any co-operation given to the enforcement authority by P in responding to the non-compliance.

4. Whether P reported the non-compliance to the enforcement authority.

5. Financial resources of P.

6. Size of P’s business.

7. Availability of the non-compliant product, including the number of retail shops in which ithas been marketed.

8. The conduct of P after the non-compliance is drawn to their attention by an enforcementauthority.

9. Where the non-compliance was committed by an employee of P, the extent to which theemployee was acting outside of their authority.

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations impose additional national requirements in relation to Scotch Whisky inaddition to the requirements that apply to Scotch Whisky by virtue of Regulation (EC) No110/2008 (OJ No L 39, 13.2.2008, p 16) of the European Parliament and of the Council on thedefinition, description, presentation, labelling and the protection of geographical indications ofspirit drinks and repealing Council Regulation (EEC) No 1576/89. The additional nationalrequirements regulate the manufacture (regulation 5), marketing (regulation 6), movement(regulation 7) and presentation (regulations 8 to 12 and Schedules 1 to 3) of Scotch Whisky(which is defined in regulation 3).

Scotch Whisky is a geographical indication protected under Regulation (EC) No 110/2008. ThatRegulation regulates all spirit drinks, including whisky, and provides for the protection ofgeographical indications for spirit drinks, including Scotch Whisky. The Spirit Drinks Regulations2008 (S.I. 2008/3206) provide for the enforcement of Regulation (EC) No 110/2008 in the UnitedKingdom. In doing so, the Spirit Drinks Regulations 2008 apply to drinks in the United Kingdomwherever they have been produced. These Regulations supplement the provisions of Regulation(EC) No 110/2008 as underpinned by the Spirit Drinks Regulations 2008 by laying down stricterrules for the protection of Scotch Whisky (as permitted by Article 6 of Regulation (EC) No110/2008). They apply to drinks and whisky distillates manufactured in the United Kingdom(regulation 1).

These Regulations repeal the Scotch Whisky Act 1988 (1988 c. 22) and revoke the Scotch Whisky(Northern Ireland) Order 1988 (S.I. 1988/1852 (N.I. 19)) (regulation 2).

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They contain transitional provisions (regulations 13 and 14).

They designate the Commissioners for Her Majesty’s Revenue and Customs as a competentauthority in relation to the verification functions imposed on them by regulation 5 of the SpiritDrinks Regulations 2008 (regulation 15). They provide for food authorities and port healthauthorities to enforce the Regulations (regulation 16). They provide for the appointment ofofficers (regulation 17) and impose a duty on enforcement authorities to give assistance andinformation to each other (regulation 18). They confer powers of entry (regulation 19) and otherpowers (regulation 20), including seizure and destruction powers. They require certain proceduresto be followed in the event of any exercise of the seizure powers (regulation 21). They provide forthe issue of improvement notices (regulation 22) and provide for appeals against improvementnotices (regulations 23 and 24). They provide for the destruction of seized products and the givingof improvement notices to be publicised (regulation 25).

They prohibit obstruction (regulation 26) create offences for the contravention or failure to complywith specified provisions of the Regulations (regulation 27) and provide for the punishment ofcriminal offences (regulation 28). They contain provisions relating to offences committed by abody corporate (regulation 29), the commission of an offence due to the act or default of a thirdperson (regulation 30) and defences (regulation 31).

These Regulations also create a scheme for the issuing and payment of penalty notices for anoffence under regulation 27 in relation to contravention of, or failure to comply with, specifiedprovisions of these Regulations (regulations 32 to 39).

They enable the Court of Session in Scotland to grant an interdict, and the High Court in England,Northern Ireland and Wales to grant an injunction, prohibiting contraventions of certain provisionsof these Regulations (regulation 40).

They contain provisions relating to the giving of notices (regulation 41).

A full impact assessment of the effect that these Regulations will have on the costs of business andthe voluntary sector is available at www.defra.gov.uk or from Department for Environment, Foodand Rural Affairs, Nobel House, 17 Smith Square, London, SW1P 3JR. It is also annexed to theExplanatory Memorandum for these Regulations, which is available, alongside these Regulations,on the OPSI website (www.opsi.gov.uk).

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REGULATION (EC) No 110/2008 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 15 January 2008

on the definition, description, presentation, labelling and the protection of geographical indications ofspirit drinks and repealing Council Regulation (EEC) No 1576/89

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THEEUROPEAN UNION,

Having regard to the Treaty establishing the European Commu-nity, and in particular Article 95 thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Economic andSocial Committee (1),

Acting in accordance with the procedure laid down in Article 251of the Treaty (2),

Whereas:

(1) Council Regulation (EEC) No 1576/89 of 29 May 1989laying down general rules on the definition, description andpresentation of spirit drinks (3) and Commission Regula-tion (EEC) No 1014/90 of 24 April 1990 laying downdetailed implementing rules on the definition, descriptionand presentation of spirit drinks (4) have proved successfulin regulating the spirit drinks sector. However, in the lightof recent experience it is necessary to clarify the rulesapplicable to the definition, description, presentation andlabelling of spirit drinks as well as on the protection ofgeographical indications of certain spirit drinks, whiletaking into account traditional production methods.Regulation (EEC) No 1576/89 should therefore be repealedand replaced.

(2) The spirit drinks sector is important for consumers,producers and the agricultural sector in the Community.The measures applicable to the spirit drinks sector shouldcontribute to the attainment of a high level of consumerprotection, the prevention of deceptive practices and theattainment of market transparency and fair competition. Bydoing so, the measures should safeguard the reputationwhich Community spirit drinks have achieved in theCommunity and on the world market by continuing to takeinto account the traditional practices used in the produc-tion of spirit drinks as well as increased demand forconsumer protection and information. Technologicalinnovation should also be taken into account in thecategories where such innovation serves to improve quality,without affecting the traditional character of the spiritdrinks concerned.

(3) The production of spirit drinks constitutes a major outletfor Community agricultural products. This strong link tothe agricultural sector should be emphasised by theregulatory framework.

(4) To ensure a more systematic approach in the legislationgoverning spirit drinks, this Regulation should set outclearly defined criteria for the production, description,presentation and labelling of spirit drinks as well as on theprotection of geographical indications.

(5) In the interests of consumers, this Regulation should applyto all spirit drinks placed on the market in the Community,whether produced in the Community or in third countries.With a view to the export of high quality spirit drinks andin order to maintain and improve the reputation ofCommunity spirit drinks on the world market, thisRegulation should also apply to such drinks produced inthe Community for export. This Regulation should alsoapply to the use of ethyl alcohol and/or distillates ofagricultural origin in the production of alcoholic beveragesand to the use of the names of spirit drinks in thepresentation and labelling of foodstuffs. In exceptionalcases where the law of an importing third country sorequires, this Regulation should allow for a derogation to begranted from the provisions of Annexes I and II to thisRegulation in accordance with the regulatory procedurewith scrutiny.

(6) In general, this Regulation should continue to focus ondefinitions of spirit drinks which should be classified intocategories. Those definitions should continue to respect thetraditional quality practices but should be completed orupdated where previous definitions were lacking orinsufficient or where such definitions may be improved inthe light of technological development.

(7) To take into account consumer expectations about the rawmaterials used for vodka especially in the traditional vodkaproducing Member States, provision should be made foradequate information to be provided on the raw materialused where the vodka is made from raw materials ofagricultural origin other than cereals and/or potatoes.

L 39/16 EN Official Journal of the European Union 13.2.2008

(1) OJ C 324, 30.12.2006, p. 12.(2) Opinion of the European Parliament of 19 June 2007 (not yet

published in the Official Journal) and Council Decision of17 December 2007.

(3) OJ L 160, 12.6.1989, p. 1. Regulation as last amended by the 2005Act of Accession.

(4) OJ L 105, 25.4.1990, p. 9. Regulation as last amended by Regulation(EC) No 2140/98 (OJ L 270, 7.10.1998, p. 9).

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(8) Moreover, the ethyl alcohol used for the production ofspirit drinks and other alcoholic beverages should beexclusively of agricultural origin, so as to meet consumerexpectations and conform to traditional practices. Thisshould also ensure an outlet for basic agricultural products.

(9) Given the importance and complexity of the spirit drinkssector, it is appropriate to lay down specific measures onthe description and presentation of spirit drinks goingbeyond the horizontal rules established in Directive 2000/13/EC of the European Parliament and of the Council of20 March 2000 on the approximation of the laws of theMember States relating to the labelling, presentation andadvertising of foodstuffs (1). Those specific measures shouldalso prevent the misuse of the term ‘spirit drink’ and thenames of spirit drinks for products which do not meet thedefinitions set out in this Regulation.

(10) While it is important to ensure that in general thematuration period or age specifies only the youngestalcoholic component, this Regulation should allow for aderogation to take account of traditional ageing processesregulated by the Member States.

(11) In accordance with the Treaty, in applying a quality policyand in order to allow a high level of quality of spirit drinksand diversity in the sector, Member States should be able toadopt rules stricter than those laid down in this Regulationon the production, description, presentation and labellingof spirit drinks produced in their own territory.

(12) Council Directive 88/388/EEC of 22 June 1988 on theapproximation of the laws of the Member States relating toflavourings for use in foodstuffs and to source materials fortheir production (2) applies to spirit drinks. It is onlynecessary therefore to lay down in this Regulation rules notalready provided for in that Directive.

(13) It is important to have due regard to the provisions of theAgreement on Trade-related Aspects of Intellectual PropertyRights (hereinafter TRIPs Agreement), and in particularArticles 22 and 23 thereof, and of the General Agreementon Tariffs and Trade, which form an integral part of theAgreement establishing the World Trade Organisationapproved by Council Decision 94/800/EC (3).

(14) Given that Council Regulation (EC) No 510/2006 of20 March 2006 on the protection of geographicalindications and designations of origin for agriculturalproducts and foodstuffs (4) does not apply to spirit drinks,the rules for protection of geographical indications on spiritdrinks should be laid down in this Regulation. Geographicalindications should be registered, identifying spirit drinks asoriginating in the territory of a country, or a region orlocality in that territory, where a given quality, reputation orother characteristic of the spirit drink is essentiallyattributable to its geographical origin.

(15) A non-discriminatory procedure for the registration,compliance, alteration and possible cancellation of thirdcountry and EU geographical indications in accordancewith the TRIPs Agreement should be laid down in thisRegulation whilst recognising the particular status ofestablished geographical indications.

(16) The measures necessary for the implementation of thisRegulation should be adopted in accordance with CouncilDecision 1999/468/EC of 28 June 1999 laying down theprocedures for the exercise of implementing powersconferred on the Commission (5).

(17) In particular, the Commission should be empowered to:grant derogations from certain parts of this Regulationwhere the law of an importing country so requires; laydown a maximum level of sweetening for rounding off;grant a derogation from the rules governing the indicationof a maturation period or age; adopt decisions onapplications for registration, on cancellation and onremoval of geographical indications, as well as on thealteration of the technical file; amend the list of technicaldefinitions and requirements, the definitions of spirit drinksclassified into categories, and the list of registeredgeographical indications; and to derogate from theprocedure governing the registration of geographicalindications and the alteration of the technical file. Sincethose measures are of general scope and are designed toamend non-essential elements of this Regulation, inter aliaby deleting some of those elements or by supplementingthis Regulation with new non-essential elements, they mustbe adopted in accordance with the regulatory procedurewith scrutiny provided for in Article 5a of Decision 1999/468/EC.

(18) The transition from the rules provided for in Regulation(EEC) No 1576/89 to those in this Regulation could giverise to difficulties which are not dealt with in thisRegulation. The measures necessary for this transition, aswell as the measures required to solve practical problemsspecific to the spirit drinks sector, should be adopted inaccordance with Decision 1999/468/EC.

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(1) OJ L 109, 6.5.2000, p. 29. Directive as last amended by CommissionDirective 2007/68/EC (OJ L 310, 28.11.2007, p. 11).

(2) OJ L 184, 15.7.1988, p. 61. Directive as last amended by Regulation(EC) No 1882/2003 of the European Parliament and of the Council(OJ L 284, 31.10.2003, p. 1).

(3) OJ L 336, 23.12.1994, p. 1.

(4) OJ L 93, 31.3.2006, p. 12. Regulation as amended by Regulation(EC) No 1791/2006 (OJ L 363, 20.12.2006, p. 1).

(5) OJ L 184, 17.7.1999, p. 23. Decision as amended by Decision 2006/512/EC (OJ L 200, 22.7.2006, p. 11).

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(19) To facilitate the transition from the rules provided for inRegulation (EEC) No 1576/89, the production of spiritdrinks under that Regulation should be permitted duringthe first year of application of this Regulation. Themarketing of existing stocks should also be foreseen untilthey run out,

HAVE ADOPTED THIS REGULATION:

CHAPTER I

SCOPE, DEFINITION AND CATEGORIES OF SPIRIT DRINKS

Article 1

Subject matter and scope

1. This Regulation lays down rules on the definition,description, presentation and labelling of spirit drinks as wellas on the protection of geographical indications of spirit drinks.

2. This Regulation shall apply to all spirit drinks placed on themarket in the Community whether produced in the Communityor in third countries, as well as to those produced in theCommunity for export. This Regulation shall also apply to theuse of ethyl alcohol and/or distillates of agricultural origin in theproduction of alcoholic beverages and to the use of the names ofspirit drinks in the presentation and labelling of foodstuffs.

3. In exceptional cases where the law of the importing thirdcountry so requires, a derogation may be granted from theprovisions of Annexes I and II in accordance with the regulatoryprocedure with scrutiny referred to in Article 25(3).

Article 2

Definition of spirit drink

1. For the purpose of this Regulation, ‘spirit drink’ means analcoholic beverage:

(a) intended for human consumption;

(b) possessing particular organoleptic qualities;

(c) having a minimum alcoholic strength of 15 % vol.;

(d) having been produced:

(i) either directly:

— by the distillation, with or without addedflavourings, of naturally fermented products,and/or

— by the maceration or similar processing of plantmaterials in ethyl alcohol of agricultural originand/or distillates of agricultural origin, and/orspirit drinks within the meaning of this Regula-tion, and/or

— by the addition of flavourings, sugars or othersweetening products listed in Annex I(3) and/orother agricultural products and/or foodstuffs toethyl alcohol of agricultural origin and/or todistillates of agricultural origin and/or to spiritdrinks, within the meaning of this Regulation,

(ii) or by the mixture of a spirit drink with one or more:

— other spirit drinks, and/or

— ethyl alcohol of agricultural origin or distillatesof agricultural origin, and/or

— other alcoholic beverages, and/or

— drinks.

2. However, drinks falling within CN codes 2203, 2204, 2205,2206 and 2207 shall not be considered spirit drinks.

3. The minimum alcoholic strength provided for in para-graph 1(c) shall be without prejudice to the definition for theproduct in category 41 in Annex II.

4. For the purpose of this Regulation the technical definitionsand requirements are laid down in Annex I.

Article 3

Origin of ethyl alcohol

1. The ethyl alcohol used in the production of spirit drinks andall of their components shall not be of any origin other thanagricultural, within the meaning of Annex I to the Treaty.

2. The ethyl alcohol used in the production of spirit drinksshall comply with the definition provided for in Annex I(1) tothis Regulation.

3. The ethyl alcohol used to dilute or dissolve colorants,flavourings or any other authorised additives used in thepreparation of spirit drinks shall be ethyl alcohol of agriculturalorigin.

4. Alcoholic beverages shall not contain alcohol of syntheticorigin, nor other alcohol of non-agricultural origin within themeaning of Annex I to the Treaty.

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Article 4

Categories of spirit drinks

Spirit drinks shall be classified into categories according to thedefinitions laid down in Annex II.

Article 5

General rules concerning the categories of spirit drinks

1. Without prejudice to the specific rules laid down for each ofthe categories numbered 1 to 14 in Annex II, the spirit drinksdefined therein shall:

(a) be produced by the alcoholic fermentation and distillationexclusively obtained from the raw material provided for inthe relevant definition for the spirit drink concerned;

(b) have no addition of alcohol as defined in Annex I(5),diluted or not;

(c) not contain added flavouring substances;

(d) only contain added caramel as a means to adapt colour;

(e) solely be sweetened to round off the final taste of theproduct, according to Annex I(3). The maximum levelfor the products used for rounding off listed underAnnex I(3)(a) to (f) shall be decided upon in accordancewith the regulatory procedure with scrutiny referred to inArticle 25(3). The particular legislation of the MemberStates shall be taken into account.

2. Without prejudice to the specific rules laid down for each ofthe categories numbered 15 to 46 in Annex II, the spirit drinksdefined therein may:

(a) be obtained from any agricultural raw material listed inAnnex I to the Treaty;

(b) have addition of alcohol as defined in Annex I(5) to thisRegulation;

(c) contain natural or nature-identical flavouring substancesand preparations as defined in Article 1(2)(b)(i) and (ii) andin Article 1(2)(c) of Directive 88/388/EEC;

(d) contain colouring as defined in Annex I(10) to thisRegulation;

(e) be sweetened to correspond to particular product char-acteristics and according to Annex I(3) to this Regulationand taking into account the particular legislation of theMember States.

3. Without prejudice to the specific rules laid down in Annex II,other spirit drinks which do not meet the requirements ofcategories 1 to 46 may:

(a) be obtained from any agricultural raw material listed inAnnex I to the Treaty and/or foodstuff suitable for humanconsumption;

(b) have addition of alcohol as defined in Annex I(5) to thisRegulation;

(c) contain one or more of the flavourings as defined inArticle 1(2)(a) of Directive 88/388/EEC;

(d) contain colouring as defined in Annex I(10) to thisRegulation;

(e) be sweetened to correspond to particular product char-acteristics and according to Annex I(3) to this Regulation.

Article 6

Member States' legislation

1. In applying a quality policy for spirit drinks which areproduced on their own territory and in particular forgeographical indications registered in Annex III or for theestablishment of new geographical indications, Member Statesmay lay down rules stricter than those in Annex II onproduction, description, presentation and labelling in so far asthey are compatible with Community law.

2. Member States shall not prohibit or restrict the import, saleor consumption of spirit drinks which comply with thisRegulation.

CHAPTER II

DESCRIPTION, PRESENTATION AND LABELLING OF SPIRITDRINKS

Article 7

Definitions

For the purpose of this Regulation the terms ‘description’,‘presentation’ and ‘labelling’ are defined in Annex I(14), (15)and (16).

Article 8

Sales denomination

In accordance with Article 5 of Directive 2000/13/EC, the nameunder which a spirit drink is sold (sales denomination) shall besubject to the provisions laid down in this Chapter.

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Article 9

Specific rules concerning sales denominations

1. Spirit drinks which meet the specifications for the productsdefined in categories 1 to 46 of Annex II shall bear in theirdescription, presentation and labelling the sales denominationassigned therein.

2. Spirit drinks which meet the definition laid down inArticle 2 but which do not meet the requirements for inclusionin categories 1 to 46 of Annex II shall bear in their description,presentation and labelling the sales denomination ‘spirit drink’.Without prejudice to paragraph 5 of this Article, that salesdenomination shall not be replaced or altered.

3. Where a spirit drink meets the definition of more than onecategory of spirit drink in Annex II, it may be sold under one ormore of the names listed for those categories in Annex II.

4. Without prejudice to paragraph 9 of this Article and toArticle 10(1), the names referred to in paragraph 1 of this Articleshall not be used to describe or present in any way whatsoeverany drink other than the spirit drinks for which those names arelisted in Annex II and registered in Annex III.

5. Sales denominations may be supplemented or replaced by ageographical indication registered in Annex III and in accordancewith Chapter III, or supplemented in accordance with nationalprovisions by another geographical indication, provided that thisdoes not mislead the consumer.

6. The geographical indications registered in Annex III mayonly be supplemented either:

(a) by terms already in use on 20 February 2008 forestablished geographical indications within the meaningof Article 20, or

(b) according to the relevant technical file provided for underArticle 17(1).

7. An alcoholic beverage not meeting one of the definitionslisted under categories 1 to 46 of Annex II shall not be described,presented or labelled by associating words or phrases such as‘like’, ‘type’, ‘style’, ‘made’, ‘flavour’ or any other similar termswith any of the sales denominations provided for in thisRegulation and/or geographical indications registered inAnnex III.

8. No trade mark, brand name or fancy name may besubstituted for the sales denomination of a spirit drink.

9. The names referred to in categories 1 to 46 of Annex II maybe included in a list of ingredients for foodstuffs provided thatthe list is in accordance with Directive 2000/13/EC.

Article 10

Specific rules concerning the use of sales denominationsand geographical indications

1. Without prejudice to Directive 2000/13/EC, the use of aterm listed in categories 1 to 46 of Annex II, or of a geographicalindication registered in Annex III in a compound term or theallusion in the presentation of a foodstuff to any of them shall beprohibited unless the alcohol originates exclusively from thespirit drink(s) referred to.

2. The use of a compound term as referred to in paragraph 1shall also be prohibited where a spirit drink has been diluted sothat the alcoholic strength is reduced to below the minimumstrength specified in the definition for that spirit drink.

3. By way of derogation from paragraph 1, the provisions ofthis Regulation shall not affect the possible use of the terms‘amer’ or ‘bitter’ for products not covered by this Regulation.

4. By way of derogation from paragraph 1 and in order to takeaccount of established production methods, the compoundterms listed in category 32(d) of Annex II may be used in thepresentation of liqueurs produced in the Community under theconditions set out therein.

Article 11

Description, presentation and labelling of mixtures

1. Where there has been addition of alcohol, as defined inAnnex I(5), diluted or not, to a spirit drink listed in categories 1to 14 of Annex II, that spirit drink shall bear the salesdenomination ‘spirit drink’. It may not bear in any form a namereserved in categories 1 to 14.

2. Where a spirit drink listed in categories 1 to 46 of Annex IIis mixed with:

(a) one or more spirit drinks, and/or

(b) one or more distillates of agricultural origin,

it shall bear the sales denomination ‘spirit drink’. This salesdenomination shall be shown clearly and visibly in a prominentposition on the label and shall not be replaced or altered.

3. Paragraph 2 shall not apply to the description, presentationor labelling of a mixture referred to in that paragraph if it meetsone of the definitions laid down in categories 1 to 46 ofAnnex II.

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4. Without prejudice to Directive 2000/13/EC, the description,presentation or labelling of the spirit drinks resulting from themixtures referred to in paragraph 2 of this Article may show oneor more of the terms listed in Annex II only if that term does notform part of the sales denomination but is solely listed in thesame visual field in the listing of all the alcoholic ingredientscontained in the mixture, preceded by the term ‘mixed spiritdrink’.

The term ‘mixed spirit drink’ shall be labelled in uniformcharacters of the same font and colour as those used for the salesdenomination. The characters shall be no larger than half the sizeof the characters used for the sales denomination.

5. For the labelling and presentation of the mixtures referred toin paragraph 2 and to which the requirement to list alcoholicingredients under paragraph 4 applies, the proportion of eachalcoholic ingredient shall be expressed as a percentage indescending order of quantities used. That proportion shall beequal to the percentage by volume of pure alcohol it representsin the total pure alcohol content by volume of the mixture.

Article 12

Specific rules concerning the description, presentation andlabelling of spirit drinks

1. Where the description, presentation or labelling of a spiritdrink indicates the raw material used to produce the ethylalcohol of agricultural origin, each agricultural alcohol used shallbe mentioned in descending order of quantity used.

2. The description, presentation or labelling of a spirit drinkmay be supplemented by the term ‘blend’, ‘blending’ or ‘blended’only where the spirit drink has undergone blending, as defined inAnnex I(7).

3. Without prejudice to any derogation adopted in accordancewith the regulatory procedure with scrutiny referred to inArticle 25(3), a maturation period or age may only be specifiedin the description, presentation or labelling of a spirit drinkwhere it refers to the youngest alcoholic component andprovided that the spirit drink was aged under revenuesupervision or supervision affording equivalent guarantees.

Article 13

Prohibition of lead-based capsules or foil

Spirit drinks shall not be held with a view to sale or placed onthe market in containers fitted with closing devices covered bylead-based capsules or foil.

Article 14

Use of language in the description, presentation andlabelling of spirit drinks

1. The particulars provided for in this Regulation shall be givenin one or more official languages of the European Union in sucha way that the final consumer can easily understand each ofthose items of information, unless the consumer is provided withthe information by other means.

2. The terms in italics in Annex II and the geographicalindications registered in Annex III shall not be translated on thelabel nor in the presentation of the spirit drink.

3. In the case of spirit drinks originating in third countries, useof an official language of the third country in which the spiritdrink was produced shall be authorised if the particularsprovided for in this Regulation are also given in an officiallanguage of the European Union in such a way that the finalconsumer can easily understand each item.

4. Without prejudice to paragraph 2, in the case of spirit drinksproduced in the Community and intended for export, theparticulars provided for in this Regulation may be repeated in alanguage other than an official language of the European Union.

CHAPTER III

GEOGRAPHICAL INDICATIONS

Article 15

Geographical indications

1. For the purpose of this Regulation a geographical indicationshall be an indication which identifies a spirit drink asoriginating in the territory of a country, or a region or localityin that territory, where a given quality, reputation or othercharacteristic of that spirit drink is essentially attributable to itsgeographical origin.

2. The geographical indications referred to in paragraph 1 areregistered in Annex III.

3. The geographical indications registered in Annex III may notbecome generic.

Names that have become generic may not be registered inAnnex III.

A name that has become generic means the name of a spiritdrink which, although it relates to the place or region where thisproduct was originally produced or placed on the market, hasbecome the common name of a spirit drink in the Community.

4. Spirit drinks bearing a geographical indication registered inAnnex III shall comply with all the specifications of the technicalfile provided for under Article 17(1).

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Article 16

Protection of geographical indications

Without prejudice to Article 10, the geographical indicationsregistered in Annex III shall be protected against:

(a) any direct or indirect commercial use in respect of productsnot covered by the registration in so far as those productsare comparable to the spirit drink registered under thatgeographical indication or insofar as such use exploits thereputation of the registered geographical indication;

(b) any misuse, imitation or evocation, even if the true originof the product is indicated or the geographical indication isused in translation or accompanied by an expression suchas ‘like’, ‘type’, ‘style’, ‘made’, ‘flavour’ or any other similarterm;

(c) any other false or misleading indication as to theprovenance, origin, nature or essential qualities on thedescription, presentation or labelling of the product, liableto convey a false impression as to its origin;

(d) any other practice liable to mislead the consumer as to thetrue origin of the product.

Article 17

Registration of geographical indications

1. An application for a geographical indication to be registeredin Annex III shall be submitted to the Commission in one of theofficial languages of the European Union or accompanied by atranslation into one of those languages. That application shall beduly substantiated and shall include a technical file setting outthe specifications with which the spirit drink concerned mustcomply.

2. With regard to geographical indications within the Com-munity, the application referred to in paragraph 1 shall be madeby the Member State of origin of the spirit drink.

3. With regard to geographical indications within a thirdcountry, the application referred to in paragraph 1 shall be sentto the Commission, either directly or via the authorities of thethird country concerned, and shall include proof that the namein question is protected in its country of origin.

4. The technical file referred to in paragraph 1 shall include atleast the following main specifications:

(a) the name and category of the spirit drink including thegeographical indication;

(b) a description of the spirit drink including the principalphysical, chemical and/or organoleptic characteristics of the

product as well as the specific characteristics of the spiritdrink as compared to the relevant category;

(c) the definition of the geographical area concerned;

(d) a description of the method for obtaining the spirit drinkand, if appropriate, the authentic and unvarying localmethods;

(e) the details bearing out the link with the geographicalenvironment or the geographical origin;

(f) any requirements laid down by Community and/or nationaland/or regional provisions;

(g) the name and contact address of the applicant;

(h) any supplement to the geographical indication and/or anyspecific labelling rule, according to the relevant technicalfile.

5. The Commission shall verify, within 12 months of the dateof submission of the application referred to in paragraph 1,whether that application complies with this Regulation.

6. If the Commission concludes that the application referred toin paragraph 1 complies with this Regulation, the mainspecifications of the technical file referred to in paragraph 4shall be published in the Official Journal of the European Union,C Series.

7. Within six months of the date of publication of the technicalfile, any natural or legal person that has a legitimate interest mayobject to the registration of the geographical indication inAnnex III on the grounds that the conditions provided for in thisRegulation are not fulfilled. The objection, which must be dulysubstantiated, shall be submitted to the Commission in one ofthe official languages of the European Union or accompanied bya translation into one of those languages.

8. The Commission shall take the decision on registration ofthe geographical indication in Annex III in accordance with theregulatory procedure with scrutiny referred to in Article 25(3),taking into account any objection raised in accordance withparagraph 7 of this Article. That decision shall be published inthe Official Journal of the European Union, C Series.

Article 18

Cancellation of a geographical indication

If compliance with the specifications in the technical file is nolonger ensured, the Commission shall take a decision cancellingthe registration in accordance with the regulatory procedure withscrutiny referred to in Article 25(3). That decision shall bepublished in the Official Journal of the European Union, C Series.

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Article 19

Homonymous geographical indications

A homonymous geographical indication meeting the require-ments of this Regulation shall be registered with due regard forlocal and traditional usage and the actual risk of confusion,in particular:

— a homonymous name which misleads the consumer intobelieving that products come from another territory shallnot be registered even if the name is accurate as far as itswording is concerned for the actual territory, region orplace of origin of the spirit drink in question,

— the use of a registered homonymous geographical indica-tion shall be subject to there being a clear distinction inpractice between the homonym registered subsequently andthe name already on the register, having regard to the needto treat the producers concerned in an equitable mannerand not to mislead consumers.

Article 20

Established geographical indications

1. For each geographical indication registered in Annex III on20 February 2008, Member States shall submit a technical file asprovided for under Article 17(1) to the Commission not laterthan 20 February 2015.

2. Member States shall ensure that this technical file isaccessible to the public.

3. Where no technical file has been submitted to theCommission by 20 February 2015, the Commission shallremove the geographical indication from Annex III in accordancewith the regulatory procedure with scrutiny referred to inArticle 25(3).

Article 21

Alteration of the technical file

The procedure provided for in Article 17 shall apply mutatismutandis where the technical file referred to in Articles 17(1)and 20(1) is to be altered.

Article 22

Verification of compliance with the specifications in thetechnical file

1. In respect of the geographical indications within theCommunity, verification of compliance with the specificationsin the technical file, before placing the product on the market,shall be ensured by:

— one or more competent authorities referred to inArticle 24(1), and/or

— one or more control bodies within the meaning of Article 2of Regulation (EC) No 882/2004 of the EuropeanParliament and of the Council of 29 April 2004 on officialcontrols performed to ensure the verification of compliancewith feed and food law, animal health and animal welfarerules (1), operating as a product certification body.

Notwithstanding national legislation, the costs of such verifica-tion of compliance with the specifications in the technical fileshall be borne by the operators subject to those controls.

2. In respect of the geographical indications within a thirdcountry, verification of compliance with the specifications in thetechnical file, before placing the product on the market, shall beensured by:

— one or more public authorities designated by the thirdcountry, and/or

— one or more product certification bodies.

3. The product certification bodies referred to in paragraphs 1and 2 shall comply with, and from 1 May 2010 be accredited inaccordance with, European standard EN 45011 or ISO/IECGuide 65 (General requirements for bodies operating productcertification systems).

4. Where the authorities or bodies referred to in paragraphs 1and 2 have chosen to verify compliance with the specifications inthe technical file, they shall offer adequate guarantees ofobjectivity and impartiality and have at their disposal thequalified staff and resources necessary to carry out theirfunctions.

Article 23

Relation between trade marks and geographical indications

1. The registration of a trade mark which contains or consistsof a geographical indication registered in Annex III shall berefused or invalidated if its use would lead to any of thesituations referred to in Article 16.

2. With due regard to Community law, a trade mark the use ofwhich corresponds to one of the situations referred to inArticle 16 which has been applied for, registered, or establishedby use, if that possibility is provided for by the legislationconcerned, in good faith within the territory of the Community,before either the date of protection of the geographicalindication in the country of origin or before 1 January 1996,may continue to be used notwithstanding the registration of ageographical indication, provided that no grounds for itsinvalidity or revocation exist as specified by First Council

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(1) OJ L 165, 30.4.2004, p. 1, corrected by OJ L 191, 28.5.2004, p. 1.Regulation as last amended by Council Regulation (EC) No 1791/2006.

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Directive 89/104/EEC of 21 December 1988 to approximate thelaws of the Member States relating to trade marks (1) or CouncilRegulation (EC) No 40/94 of 20 December 1993 on theCommunity trade mark (2).

3. A geographical indication shall not be registered where, inthe light of a trade mark's reputation and renown and the lengthof time it has been used in the Community, registration is liableto mislead the consumer as to the true identity of the product.

CHAPTER IV

GENERAL, TRANSITIONAL AND FINAL PROVISIONS

Article 24

Control and protection of spirit drinks

1. Member States shall be responsible for the control of spiritdrinks. They shall take the measures necessary to ensurecompliance with the provisions of this Regulation andin particular they shall designate the competent authority orauthorities responsible for controls in respect of the obligationsestablished by this Regulation in accordance with Regulation(EC) No 882/2004.

2. Member States and the Commission shall communicate toeach other the information necessary for the application of thisRegulation.

3. The Commission, in consultation with the Member States,shall ensure the uniform application of this Regulation and ifnecessary shall adopt measures in accordance with the regulatoryprocedure referred to in Article 25(2).

Article 25

Committee

1. The Commission shall be assisted by the Committee forSpirit Drinks.

2. Where reference is made to this paragraph, Articles 5 and 7of Decision 1999/468/EC shall apply, having regard to theprovisions of Article 8 thereof.

The period laid down in Article 5(6) of Decision 1999/468/ECshall be set at three months.

3. Where reference is made to this paragraph, Articles 5a and 7of Decision 1999/468/EC shall apply, having regard to theprovisions of Article 8 thereof.

Article 26

Amendment of the Annexes

The Annexes shall be amended in accordance with the regulatoryprocedure with scrutiny referred to in Article 25(3).

Article 27

Implementing measures

The measures necessary for the implementation of thisRegulation shall be adopted in accordance with the regulatoryprocedure referred to in Article 25(2).

Article 28

Transitional and other specific measures

1. In accordance with the regulatory procedure with scrutinyreferred to in Article 25(3), measures to amend this Regulationshall be adopted, where appropriate:

(a) to facilitate by 20 February 2011 the transition from therules provided for in Regulation (EEC) No 1576/89 to thoseestablished by this Regulation;

(b) to derogate from Articles 17 and 22 in duly justified cases;

(c) to establish a Community symbol for geographicalindications for the spirit drinks sector.

2. In accordance with the regulatory procedure referred to inArticle 25(2), measures shall be adopted, where appropriate, toresolve specific practical problems, such as by making itobligatory, in certain cases, to state the place of manufactureon the labelling to avoid misleading the consumer and tomaintain and develop Community reference methods for theanalysis of spirit drinks.

3. Spirit drinks not meeting the requirements of thisRegulation may continue to be produced in accordance withRegulation (EEC) No 1576/89 until 20 May 2009. Spirit drinksnot meeting the requirements of this Regulation but which havebeen produced in accordance with Regulation (EEC) No 1576/89prior to 20 February 2008 or until 20 May 2009 may continueto be placed on the market until stocks run out.

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(1) OJ L 40, 11.2.1989, p. 1. Directive as amended by Council Decision92/10/EEC (OJ L 6, 11.1.1992, p. 35).

(2) OJ L 11, 14.1.1994, p. 1. Regulation as last amended byRegulation (EC) No 1891/2006 (OJ L 386, 29.12.2006, p. 14).

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Article 29

Repeal

1. Regulation (EEC) No 1576/89 is hereby repealed. Referencesmade to the repealed Regulation shall be construed as beingmade to this Regulation.

2. Commission Regulations (EEC) No 2009/92 (1), (EC)No 1267/94 (2) and (EC) No 2870/2000 (3) shall continue toapply.

Article 30

Entry into force

This Regulation shall enter into force on the seventh dayfollowing its publication in the Official Journal of the EuropeanUnion.

It shall apply from 20 May 2008.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Strasbourg, 15 January 2008.

For the European Parliament

The President

H.-G. PÖTTERING

For the Council

The President

J. LENARČIČ

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(1) Commission Regulation (EEC) No 2009/92 of 20 July 1992determining Community analysis methods for ethyl alcohol ofagricultural origin used in the preparation of spirit drinks,aromatized wines, aromatized wine-based drinks and aromatizedwine-product cocktails (OJ L 203, 21.7.1992, p. 10).

(2) Commission Regulation (EC) No 1267/94 of 1 June 1994 applyingthe agreements between the European Union and third countries onthe mutual recognition of certain spirit drinks (OJ L 138, 2.6.1994,p. 7). Regulation as amended by Regulation (EC) No 1434/97(OJ L 196, 24.7.1997, p. 56).

(3) Commission Regulation (EC) No 2870/2000 of 19 December 2000laying down Community reference methods for the analysis of spiritdrinks (OJ L 333, 29.12.2000, p. 20). Regulation as amended byRegulation (EC) No 2091/2002 (OJ L 322, 27.11.2002, p. 11).

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ANNEX I

TECHNICAL DEFINITIONS AND REQUIREMENTS

The technical definitions and requirements, as referred to in Article 2(4) and Article 7, are the following:

(1) Ethyl alcohol of agricultural origin

Ethyl alcohol of agricultural origin possesses the following properties:

(a) organoleptic characteristics: no detectable taste other than that of the raw material;

(b) minimum alcoholic strength by volume: 96,0 %;

(c) maximum level of residues:

(i) total acidity, expressed in grams of acetic acid per hectolitre of 100 % vol. alcohol: 1,5,

(ii) esters expressed in grams of ethyl acetate per hectolitre of 100 % vol. alcohol: 1,3,

(iii) aldehydes expressed in grams of acetaldehyde per hectolitre of 100 % vol. alcohol: 0,5,

(iv) higher alcohols expressed in grams of methyl2 propanol1 per hectolitre of 100 % vol. alcohol: 0,5,

(v) methanol expressed in grams per hectolitre of 100 % vol. alcohol: 30,

(vi) dry extract expressed in grams per hectolitre of 100 % vol. alcohol: 1,5,

(vii) volatile bases containing nitrogen expressed in grams of nitrogen per hectolitre of 100 % vol. alcohol: 0,1,

(viii) furfural: not detectable.

(2) Distillate of agricultural origin

Distillate of agricultural origin means an alcoholic liquid which is obtained by the distillation, after alcoholicfermentation, of an agricultural product or products listed in Annex I to the Treaty which does not have the propertiesof ethyl alcohol or of a spirit drink but still retains the aroma and taste of the raw material(s) used.

Where reference is made to the raw material used, the distillate must be obtained exclusively from that raw material.

(3) Sweetening

Sweetening means using one or more of the following products in the preparation of spirit drinks:

(a) semi-white sugar, white sugar, extra-white sugar, dextrose, fructose, glucose syrup, sugar solution, invert sugarsolution, invert sugar syrup, as defined in Council Directive 2001/111/EC of 20 December 2001 relating tocertain sugars intended for human consumption (1);

(b) rectified concentrated grape must, concentrated grape must, fresh grape must;

(c) burned sugar, which is the product obtained exclusively from the controlled heating of sucrose without bases,mineral acids or other chemical additives;

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(1) OJ L 10, 12.1.2002, p. 53.

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(d) honey as defined in Council Directive 2001/110/EC of 20 December 2001 relating to honey (1);

(e) carob syrup;

(f) any other natural carbohydrate substances having a similar effect to those products.

(4) Mixing

Mixing means combining two or more different drinks to make a new drink.

(5) Addition of alcohol

Addition of alcohol means the addition of ethyl alcohol of agricultural origin and/or distillates of agricultural origin toa spirit drink.

(6) Addition of water

In the preparation of spirit drinks, the addition of water shall be authorised, provided that the quality of the water is inconformity with Council Directive 80/777/EEC of 15 July 1980 on the approximation of the laws of the MemberStates relating to the exploitation and marketing of natural mineral waters (2) and Council Directive 98/83/EC of3 November 1998 on the quality of water intended for human consumption (3), and that the water added does notchange the nature of the product.

This water may be distilled, demineralised, permuted or softened.

(7) Blending

Blending means combining two or more spirit drinks of the same category, distinguished only by minor differences incomposition due to one or more of the following factors:

(a) the method of preparation;

(b) the stills employed;

(c) the period of maturation or ageing;

(d) the geographical area of production.

The spirit drink so produced shall be of the same category of spirit drink as the original spirit drinks before blending.

(8) Maturation or ageing

Maturation or ageing means allowing certain reactions to develop naturally in appropriate containers, thereby givingthe spirit drink in question organoleptic qualities previously absent.

(9) Flavouring

Flavouring means using in the preparation of a spirit drink one or more of the flavourings defined in Article 1(2)(a) ofDirective 88/388/EEC.

(10) Colouring

Colouring means using in the preparation of a spirit drink one or more colorants, as defined in Directive 94/36/EC ofthe European Parliament and of the Council of 30 June 1994 on colours for use in foodstuffs (4).

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(1) OJ L 10, 12.1.2002, p. 47.(2) OJ L 229, 30.8.1980, p. 1. Directive as last amended by Regulation (EC) No 1882/2003.(3) OJ L 330, 5.12.1998, p. 32. Directive as amended by Regulation (EC) No 1882/2003.(4) OJ L 237, 10.9.1994, p. 13. Directive as amended by Regulation (EC) No 1882/2003.

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(11) Alcoholic strength by volume

Alcoholic strength by volume means the ratio of the volume of pure alcohol present in the product in question at20 oC to the total volume of that product at the same temperature.

(12) Volatile substances content

Volatile substances content means the quantity of volatile substances other than ethyl alcohol and methanol containedin a spirit drink obtained exclusively by distillation, as a result solely of the distillation or redistillation of the rawmaterials used.

(13) Place of manufacture

Place of manufacture means the place or region where the stage in the production process of the finished productwhich conferred on the spirit drink its character and essential definitive qualities took place.

(14) Description

Description means the terms used on the labelling, presentation and packaging; on the documents accompanying thetransport of a drink; on the commercial documents, particularly the invoices and delivery notes; and in its advertising.

(15) Presentation

Presentation means the terms used on the labelling and on the packaging, including in advertising and salespromotion, in images or such like, as well as on the container, including the bottle and the closure.

(16) Labelling

Labelling means all descriptions and other references, signs, designs or trade marks which distinguish a drink andwhich appear on the same container, including its sealing device or the tag attached to the container and the sheathingcovering the neck of the bottle.

(17) Packaging

Packaging means the protective wrappings, such as papers, envelopes of all kinds, cartons and cases, used in thetransport and/or sale of one or more containers.

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ANNEX II

SPIRIT DRINKS

Categories of spirit drinks

1. Rum

(a) Rum is:

(i) a spirit drink produced exclusively by alcoholic fermentation and distillation, either from molasses orsyrup produced in the manufacture of cane sugar or from sugar-cane juice itself and distilled at less than96 % vol. so that the distillate has the discernible specific organoleptic characteristics of rum, or

(ii) a spirit drink produced exclusively by alcoholic fermentation and distillation of sugar-cane juice which hasthe aromatic characteristics specific to rum and a volatile substances content equal to or exceeding225 grams per hectolitre of 100 % vol. alcohol. This spirit may be placed on the market with the word‘agricultural’ qualifying the sales denomination ‘rum’ accompanied by any of the geographical indicationsof the French Overseas Departments and the Autonomous Region of Madeira as registered in Annex III.

(b) The minimum alcoholic strength by volume of rum shall be 37,5 %.

(c) No addition of alcohol as defined in Annex I(5), diluted or not, shall take place.

(d) Rum shall not be flavoured.

(e) Rum may only contain added caramel as a means to adapt colour.

(f) The word ‘traditionnel’ may supplement any of the geographical indications mentioned in category 1 of Annex IIIwhere the rum is produced by distillation at less than 90 % vol., after alcoholic fermentation of alcohol-producing materials originating exclusively in the place of production considered. This rum must have a volatilesubstances content equal to or exceeding 225 grams per hectolitre of 100 % vol. alcohol and must not besweetened. The use of the word ‘traditionnel’ does not prevent the use of the terms ‘from sugar production’ or‘agricultural’ which may be added to the sales denomination ‘rum’ and to geographical indications.

This provision shall not affect the use of the word ‘traditionnel’ for all products not covered by this provision,according to their own specific criteria.

2. Whisky or Whiskey

(a) Whisky or whiskey is a spirit drink produced exclusively by:

(i) distillation of a mash made from malted cereals with or without whole grains of other cereals, which hasbeen:

— saccharified by the diastase of the malt contained therein, with or without other natural enzymes,

— fermented by the action of yeast;

(ii) one or more distillations at less than 94,8 % vol., so that the distillate has an aroma and taste derived fromthe raw materials used,

(iii) maturation of the final distillate for at least three years in wooden casks not exceeding 700 litres capacity.

The final distillate, to which only water and plain caramel (for colouring) may be added, retains its colour, aromaand taste derived from the production process referred to in points (i), (ii) and (iii).

(b) The minimum alcoholic strength by volume of whisky or whiskey shall be 40 %.

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(c) No addition of alcohol as defined in Annex I(5), diluted or not, shall take place.

(d) Whisky or whiskey shall not be sweetened or flavoured, nor contain any additives other than plain caramel usedfor colouring.

3. Grain spirit

(a) Grain spirit is a spirit drink produced exclusively by the distillation of a fermented mash of whole grain cerealsand having organoleptic characteristics derived from the raw materials used.

(b) With the exception of ‘Korn’, the minimum alcoholic strength by volume of grain spirit shall be 35 %.

(c) No addition of alcohol as defined in Annex I(5), diluted or not, shall take place.

(d) Grain spirit shall not be flavoured.

(e) Grain spirit may only contain added caramel as a means to adapt colour.

(f) For a grain spirit to bear the sales denomination ‘grain brandy’, it must have been obtained by distillation at lessthan 95 % vol. from a fermented mash of whole grain cereals, presenting organoleptic features deriving from theraw materials used.

4. Wine spirit

(a) Wine spirit is a spirit drink:

(i) produced exclusively by the distillation at less than 86 % vol. of wine or wine fortified for distillation or bythe redistillation of a wine distillate at less than 86 % vol.,

(ii) containing a quantity of volatile substances equal to or exceeding 125 grams per hectolitre of 100 % vol.alcohol,

(iii) having a maximum methanol content of 200 grams per hectolitre of 100 % vol. alcohol.

(b) The minimum alcoholic strength by volume of wine spirit shall be 37,5 %.

(c) No addition of alcohol as defined in Annex I(5), diluted or not, shall take place.

(d) Wine spirit shall not be flavoured. This shall not exclude traditional production methods.

(e) Wine spirit may only contain added caramel as a means to adapt colour.

(f) Where wine spirit has been matured, it may continue to be placed on the market as ‘wine spirit’ provided it hasbeen matured for as long as, or longer than, the period stipulated for the spirit drink defined under category 5.

5. Brandy or Weinbrand

(a) Brandy or Weinbrand is a spirit drink:

(i) produced from wine spirit, whether or not wine distillate has been added, distilled at less than 94,8 % vol.,provided that that distillate does not exceed a maximum of 50 % of the alcoholic content of the finishedproduct,

(ii) matured for at least one year in oak receptacles or for at least six months in oak casks with a capacity ofless than 1 000 litres,

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(iii) containing a quantity of volatile substances equal to or exceeding 125 grams per hectolitre of 100 % vol.alcohol, and derived exclusively from the distillation or redistillation of the raw materials used,

(iv) having a maximum methanol content of 200 grams per hectolitre of 100 % vol. alcohol.

(b) The minimum alcoholic strength by volume of brandy or Weinbrand shall be 36 %.

(c) No addition of alcohol as defined in Annex I(5), diluted or not, shall take place.

(d) Brandy or Weinbrand shall not be flavoured. This shall not exclude traditional production methods.

(e) Brandy or Weinbrand may only contain added caramel as a means to adapt colour.

6. Grape marc spirit or grape marc

(a) Grape marc spirit or grape marc is a spirit drink which meets the following conditions:

(i) it is produced exclusively from grape marc fermented and distilled either directly by water vapour or afterwater has been added;

(ii) a quantity of lees may be added to the grape marc that does not exceed 25 kg of lees per 100 kg of grapemarc used;

(iii) the quantity of alcohol derived from the lees shall not exceed 35 % of the total quantity of alcohol in thefinished product;

(iv) the distillation shall be carried out in the presence of the marc itself at less than 86 % vol.;

(v) redistillation at the same alcoholic strength is authorised;

(vi) it contains a quantity of volatile substances equal to or exceeding 140 grams per hectolitre of 100 % vol.alcohol and has a maximum methanol content of 1 000 grams per hectolitre of 100 % vol. alcohol.

(b) The minimum alcoholic strength by volume of grape marc spirit or grape marc shall be 37,5 %.

(c) No addition of alcohol as defined in Annex I(5), diluted or not, shall take place.

(d) Grape marc spirit or grape marc shall not be flavoured. This shall not exclude traditional production methods.

(e) Grape marc spirit or grape marc may only contain added caramel as a means to adapt colour.

7. Fruit marc spirit

(a) Fruit marc spirit is a spirit drink which meets the following conditions:

(i) it is obtained exclusively by fermentation and distillation at less than 86 % vol. of fruit marc except grapemarc;

(ii) it contains a minimum quantity of volatile substances of 200 grams per hectolitre of 100 % vol. alcohol;

(iii) the maximum methanol content shall be 1 500 grams per hectolitre of 100 % vol. alcohol;

(iv) the maximum hydrocyanic acid content shall be 7 grams per hectolitre of 100 % vol. alcohol in the caseof stone-fruit marc spirit;

(v) redistillation at the same alcoholic strength according to (i) is authorised.

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(b) The minimum alcoholic strength by volume of fruit marc spirit shall be 37,5 %.

(c) No addition of alcohol as defined in Annex I(5), diluted or not, shall take place.

(d) Fruit marc spirit shall not be flavoured.

(e) Fruit marc spirit may only contain added caramel as a means to adapt colour.

(f) The sales denomination shall consist of the name of the fruit followed by ‘marc spirit’. If marcs of severaldifferent fruits are used, the sales denomination shall be ‘fruit marc spirit’.

8. Raisin spirit or raisin brandy

(a) Raisin spirit or raisin brandy is a spirit drink produced exclusively by the distillation of the product obtained bythe alcoholic fermentation of extract of dried grapes of the ‘Corinth Black’ or Moscatel of the Alexandriavarieties, distilled at less than 94,5 % vol., so that the distillate has an aroma and taste derived from the rawmaterial used.

(b) The minimum alcoholic strength by volume of raisin spirit or raisin brandy shall be 37,5 %.

(c) No addition of alcohol as defined in Annex I(5), diluted or not, shall take place.

(d) Raisin spirit or raisin brandy shall not be flavoured.

(e) Raisin spirit or raisin brandy may only contain added caramel as a means to adapt colour.

9. Fruit spirit

(a) Fruit spirit is a spirit drink:

(i) produced exclusively by the alcoholic fermentation and distillation of fleshy fruit or must of such fruit,berries or vegetables, with or without stones,

(ii) distilled at less than 86 % vol. so that the distillate has an aroma and taste derived from the raw materialsdistilled,

(iii) having a quantity of volatile substances equal to or exceeding 200 grams per hectolitre of 100 % vol.alcohol,

(iv) in the case of stone-fruit spirits, having a hydrocyanic acid content not exceeding 7 grams per hectolitre of100 % vol. alcohol.

(b) The maximum methanol content of fruit spirit shall be 1 000 grams per hectolitre of 100 % vol. alcohol.

However for the following fruit spirits the maximum methanol content shall be:

(i) 1 200 grams per hectolitre of 100 % vol. alcohol obtained from the following fruits or berries:

— plum (Prunus domestica L.),

— mirabelle (Prunus domestica L. subsp. syriaca (Borkh.) Janch. ex Mansf.),

— quetsch (Prunus domestica L.),

— apple (Malus domestica Borkh.),

— pear (Pyrus communis L.) except for Williams pears (Pyrus communis L. cv ‘Williams’),

— raspberries (Rubus idaeus L.),

— blackberries (Rubus fruticosus auct. aggr.),

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— apricots (Prunus armeniaca L.),

— peaches (Prunus persica (L.) Batsch);

(ii) 1 350 grams per hectolitre of 100 % vol. alcohol obtained from the following fruits or berries:

— Williams pears (Pyrus communis L. cv ‘Williams’),

— redcurrants (Ribes rubrum L.),

— blackcurrants (Ribes nigrum L.),

— rowanberries (Sorbus aucuparia L.),

— elderberries (Sambucus nigra L.),

— quinces (Cydonia oblonga Mill.),

— juniper berries (Juniperus communis L. and/or Juniperus oxicedrus L.).

(c) The minimum alcoholic strength by volume of fruit spirit shall be 37,5 %.

(d) No addition of alcohol as defined in Annex I(5), diluted or not, shall take place.

(e) Fruit spirit shall not be flavoured.

(f) The sales denomination of fruit spirit shall be ‘spirit’ preceded by the name of the fruit, berry or vegetable, suchas: cherry spirit or kirsch, plum spirit or slivovitz, mirabelle, peach, apple, pear, apricot, fig, citrus or grape spiritor other fruit spirits.

It may also be called wasser, with the name of the fruit.

The name of the fruit may replace ‘spirit’ preceded by the name of the fruit, solely in the case of the followingfruits:

— mirabelle (Prunus domestica L. subsp. syriaca (Borkh.) Janch. ex Mansf.),

— plum (Prunus domestica L.),

— quetsch (Prunus domestica L.),

— fruit of arbutus (Arbutus unedo L.),

— ‘Golden Delicious’ apple.

Should there be a risk that the final consumer does not easily understand one of these sales denominations, thelabelling shall include the word ‘spirit’, possibly supplemented by an explanation.

(g) The name Williams may be used only to sell pear spirit produced solely from pears of the ‘Williams’ variety.

(h) Whenever two or more fruits, berries or vegetables are distilled together, the product shall be sold under thename ‘fruit spirit’ or ‘vegetable spirit’, as appropriate. The name may be supplemented by that of each fruit, berryor vegetable, in decreasing order of quantity used.

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10. Cider spirit and perry spirit

(a) Cider spirit and perry spirit are spirit drinks:

(i) produced exclusively by the distillation at less than 86 % vol. of cider or perry so that the distillate has anaroma and taste derived from the fruits,

(ii) having a quantity of volatile substances equal to or exceeding 200 grams per hectolitre of 100 % vol.alcohol,

(iii) having a maximum methanol content of 1 000 grams per hectolitre of 100 % vol. alcohol.

(b) The minimum alcoholic strength by volume of cider spirit and of perry spirit shall be 37,5 %.

(c) No addition of alcohol as defined in Annex I(5), diluted or not, shall take place.

(d) Neither cider spirit nor perry spirit shall be flavoured.

(e) Cider spirit and perry spirit may only contain added caramel as a means to adapt colour.

11. Honey spirit

(a) Honey spirit is a spirit drink:

(i) produced exclusively by fermentation and distillation of honey mash,

(ii) distilled at less than 86 % vol. so that the distillate has the organoleptic characteristics derived from theraw material used.

(b) The minimum alcoholic strength by volume of honey spirit shall be 35 %.

(c) No addition of alcohol as defined in Annex I(5), diluted or not, shall take place.

(d) Honey spirit shall not be flavoured.

(e) Honey spirit may only contain added caramel as a means to adapt colour.

(f) Honey spirit may only be sweetened with honey.

12. Hefebrand or lees spirit

(a) Hefebrand or lees spirit is a spirit drink produced exclusively by the distillation at less than 86 % vol. of lees ofwine or of fermented fruit.

(b) The minimum alcoholic strength by volume of Hefebrand or lees spirit shall be 38 %.

(c) No addition of alcohol as defined in Annex I(5), diluted or not, shall take place.

(d) Hefebrand or lees spirit shall not be flavoured.

(e) Hefebrand or lees spirit may only contain added caramel as a means to adapt colour.

(f) The sales denomination Hefebrand or lees spirit shall be supplemented by the name of the raw material used.

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13. Bierbrand or eau de vie de bière

(a) Bierbrand or eau de vie de bière is a spirit drink obtained exclusively by direct distillation under normal pressure offresh beer with an alcoholic strength by volume of less than 86 % such that the distillate obtained hasorganoleptic characteristics deriving from the beer.

(b) The minimum alcoholic strength by volume of Bierbrand or eau de vie de bière shall be 38 %.

(c) No addition of alcohol as defined in Annex I(5), diluted or not, shall take place.

(d) Bierbrand or eau de vie de bière shall not be flavoured.

(e) Bierbrand or eau de vie de bière may only contain added caramel as a means to adapt colour.

14. Topinambur or Jerusalem artichoke spirit

(a) Topinambur or Jerusalem artichoke spirit is a spirit drink produced exclusively by fermentation and distillation atless than 86 % vol. of Jerusalem artichoke tubers (Helianthus tuberosus L.).

(b) The minimum alcoholic strength by volume of topinambur or Jerusalem artichoke spirit shall be 38 %.

(c) No addition of alcohol as defined in Annex I(5), diluted or not, shall take place.

(d) Topinambur or Jerusalem artichoke spirit shall not be flavoured.

(e) Topinambur or Jerusalem artichoke spirit may only contain added caramel as a means to adapt colour.

15. Vodka

(a) Vodka is a spirit drink produced from ethyl alcohol of agricultural origin obtained following fermentation withyeast from either:

(i) potatoes and/or cereals, or

(ii) other agricultural raw materials,

distilled and/or rectified so that the organoleptic characteristics of the raw materials used and by-productsformed in fermentation are selectively reduced.

This process may be followed by redistillation and/or treatment with appropriate processing aids, includingtreatment with activated charcoal, to give it special organoleptic characteristics.

Maximum levels of residue for ethyl alcohol of agricultural origin shall meet those laid down in Annex I, exceptthat the methanol content shall not exceed 10 grams per hectolitre of 100 % vol. alcohol.

(b) The minimum alcoholic strength by volume of vodka shall be 37,5 %.

(c) The only flavourings which may be added are natural flavouring compounds present in distillate obtained fromthe fermented raw materials. In addition, the product may be given special organoleptic characteristics, otherthan a predominant flavour.

(d) The description, presentation or labelling of vodka not produced exclusively from the raw material(s) listed inparagraph (a)(i) shall bear the indication ‘produced from ...’, supplemented by the name of the raw material(s)used to produce the ethyl alcohol of agricultural origin. Labelling shall be in accordance with Article 13(2) ofDirective 2000/13/EC.

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16. Spirit (preceded by the name of the fruit) obtained by maceration and distillation

(a) Spirit (preceded by the name of the fruit) obtained by maceration and distillation is a spirit drink:

(i) produced by maceration of fruit or berries listed under point (ii), whether partially fermented orunfermented, with the possible addition of a maximum of 20 litres of ethyl alcohol of agricultural originor spirit and/or distillate deriving from the same fruit per 100 kg of fermented fruit or berries, followed bydistillation at less than 86 % vol.

(ii) obtained from the following fruits or berries:

— blackberry (Rubus fruticosus auct. aggr.),

— strawberry (Fragaria spp.),

— bilberry (Vaccinium myrtillus L.),

— raspberry (Rubus idaeus L.),

— redcurrant (Ribes rubrum L.),

— sloe (Prunus spinosa L.),

— rowanberry (Sorbus aucuparia L.),

— service-berry (Sorbus domestica L.),

— hollyberry (Ilex cassine L.),

— checkerberry (Sorbus torminalis (L.) Crantz),

— elderberry (Sambucus nigra L.),

— rosehip (Rosa canina L.),

— blackcurrant (Ribes nigrum L.),

— banana (Musa spp.),

— passion fruit (Passiflora edulis Sims),

— ambarella (Spondias dulcis Sol. ex Parkinson),

— hog plum (Spondias mombin L.).

(b) The minimum alcoholic strength by volume of a Spirit (preceded by the name of the fruit) obtained bymaceration and distillation shall be 37,5 %.

(c) Spirit (preceded by the name of the fruit) obtained by maceration and distillation shall not be flavoured.

(d) As regards the labelling and presentation of Spirit (preceded by the name of the fruit) obtained by macerationand distillation, the wording ‘obtained by maceration and distillation’ must appear on the description,presentation or labelling in characters of the same font, size and colour and in the same visual field as thewording ‘Spirit (preceded by the name of the fruit)’ and, in the case of bottles, on the front label.

17. Geist (with the name of the fruit or the raw material used)

(a) Geist (with the name of the fruit or the raw material used) is a spirit drink obtained by maceration ofunfermented fruits and berries listed in category 16(a)(ii) or vegetables, nuts, or other plant materials such asherbs or rose petals in ethyl alcohol of agricultural origin, followed by distillation at less than 86 % vol.

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(b) The minimum alcoholic strength by volume of Geist (with the name of the fruit or the raw material used) shallbe 37,5 %.

(c) Geist (with the name of the fruit or the raw material used) shall not be flavoured.

18. Gentian

(a) Gentian is a spirit drink produced from a distillate of gentian, itself obtained by the fermentation of gentianroots with or without the addition of ethyl alcohol of agricultural origin.

(b) The minimum alcoholic strength by volume of gentian shall be 37,5 %.

(c) Gentian shall not be flavoured.

19. Juniper-flavoured spirit drinks

(a) Juniper-flavoured spirit drinks are spirit drinks produced by flavouring ethyl alcohol of agricultural origin and/or grain spirit and/or grain distillate with juniper (Juniperus communis L. and/or Juniperus oxicedrus L.) berries.

(b) The minimum alcoholic strength by volume of juniper-flavoured spirit drinks shall be 30 %.

(c) Other natural and/or nature-identical flavouring substances as defined in Article 1(2)(b)(i) and (ii) ofDirective 88/388/EEC and/or flavouring preparations defined in Article 1(2)(c) of that Directive, and/oraromatic plants or parts of aromatic plants may be used in addition, but the organoleptic characteristics ofjuniper must be discernible, even if they are sometimes attenuated.

(d) Juniper-flavoured spirit drinks may bear the sales denominations Wacholder or genebra.

20. Gin

(a) Gin is a juniper-flavoured spirit drink produced by flavouring organoleptically suitable ethyl alcohol ofagricultural origin with juniper berries (Juniperus communis L.).

(b) The minimum alcoholic strength by volume of gin shall be 37,5 %.

(c) Only natural and/or nature-identical flavouring substances as defined in Article 1(2)(b)(i) and (ii) ofDirective 88/388/EEC and/or flavouring preparations as defined in Article 1(2)(c) of that Directive shall be usedfor the production of gin so that the taste is predominantly that of juniper.

21. Distilled gin

(a) Distilled gin is:

(i) a juniper-flavoured spirit drink produced exclusively by redistilling organoleptically suitable ethyl alcoholof agricultural origin of an appropriate quality with an initial alcoholic strength of at least 96 % vol. instills traditionally used for gin, in the presence of juniper berries (Juniperus communis L.) and of othernatural botanicals provided that the juniper taste is predominant, or

(ii) the mixture of the product of such distillation and ethyl alcohol of agricultural origin with the samecomposition, purity and alcoholic strength; natural and/or nature-identical flavouring substances and/orflavouring preparations as specified in category 20(c) may also be used to flavour distilled gin.

(b) The minimum alcoholic strength by volume of distilled gin shall be 37,5 %.

(c) Gin obtained simply by adding essences or flavourings to ethyl alcohol of agricultural origin is not distilled gin.

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22. London gin

(a) London gin is a type of distilled gin:

(i) obtained exclusively from ethyl alcohol of agricultural origin, with a maximum methanol content of5 grams per hectolitre of 100 % vol. alcohol, whose flavour is introduced exclusively through the re-distillation in traditional stills of ethyl alcohol in the presence of all the natural plant materials used,

(ii) the resultant distillate of which contains at least 70 % alcohol by vol.,

(iii) where any further ethyl alcohol of agricultural origin is added it must be consistent with the characteristicslisted in Annex I(1), but with a maximum methanol content of 5 grams per hectolitre of 100 % vol.alcohol,

(iv) which does not contain added sweetening exceeding 0,1 gram of sugars per litre of the final product norcolorants,

(v) which does not contain any other added ingredients other than water.

(b) The minimum alcoholic strength by volume of London gin shall be 37,5 %.

(c) The term London gin may be supplemented by the term ‘dry’.

23. Caraway-flavoured spirit drinks

(a) Caraway-flavoured spirit drinks are spirit drinks produced by flavouring ethyl alcohol of agricultural origin withcaraway (Carum carvi L.).

(b) The minimum alcoholic strength by volume of caraway-flavoured spirit drinks shall be 30 %.

(c) Other natural and/or nature-identical flavouring substances as defined in Article 1(2)(b)(i) and (ii) ofDirective 88/388/EEC and/or flavouring preparations as defined in Article 1(2)(c) of that Directive mayadditionally be used but there must be a predominant taste of caraway.

24. Akvavit or aquavit

(a) Akvavit or aquavit is a caraway and/or dillseed-flavoured spirit drink flavoured with a distillate of plants or spices.

(b) The minimum alcoholic strength by volume of akvavit or aquavit shall be 37,5 %.

(c) Other natural and/or nature-identical flavouring substances as defined in Article 1(2)(b)(i) and (ii) ofDirective 88/388/EEC and/or flavouring preparations as defined in Article 1(2)(c) of that Directive mayadditionally be used, but the flavour of these drinks is largely attributable to distillates of caraway (Carum carvi L.)and/or dill (Anethum graveolens L.) seeds, the use of essential oils being prohibited.

(d) The bitter substances must not obviously dominate the taste; the dry extract content shall not exceed 1,5 gramsper 100 millilitres.

25. Aniseed-flavoured spirit drinks

(a) Aniseed-flavoured spirit drinks are spirit drinks produced by flavouring ethyl alcohol of agricultural origin withnatural extracts of star anise (Illicium verum Hook f.), anise (Pimpinella anisum L.), fennel (Foeniculum vulgare Mill.),or any other plant which contains the same principal aromatic constituent, using one of the following processesor a combination thereof:

(i) maceration and/or distillation,

(ii) redistillation of the alcohol in the presence of the seeds or other parts of the plants specified above,

(iii) addition of natural distilled extracts of aniseed-flavoured plants.

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(b) The minimum alcoholic strength by volume of aniseed-flavoured spirit drinks shall be 15 %.

(c) Only natural flavouring substances and preparations as defined in Article 1(2)(b)(i) and Article 1(2)(c) ofDirective 88/388/EEC may be used in the preparation of aniseed-flavoured spirit drinks.

(d) Other natural plant extracts or aromatic seed may also be used, but the aniseed taste must remain predominant.

26. Pastis

(a) Pastis is an aniseed-flavoured spirit drink which also contains natural extracts of liquorice root (Glycyrrhiza spp.),which implies the presence of the colorants known as ‘chalcones’ as well as glycyrrhizic acid, the minimum andmaximum levels of which must be 0,05 and 0,5 grams per litre respectively.

(b) The minimum alcoholic strength by volume of pastis shall be 40 %.

(c) Only natural flavouring substances and preparations as defined in Article 1(2)(b)(i) and Article 1(2)(c) ofDirective 88/388/EEC may be used in the preparation of pastis.

(d) Pastis contains less than 100 grams of sugars per litre, expressed as invert sugar, and has a minimum andmaximum anethole level of 1,5 and 2 grams per litre respectively.

27. Pastis de Marseille

(a) Pastis de Marseille is a pastis with an anethole content of 2 grams per litre.

(b) The minimum alcoholic strength by volume of pastis de Marseille shall be 45 %.

(c) Only natural flavouring substances and preparations as defined in Article 1(2)(b)(i) and Article 1(2)(c) ofDirective 88/388/EEC may be used in the preparation of pastis de Marseille.

28. Anis

(a) Anis is an aniseed-flavoured spirit drink whose characteristic flavour is derived exclusively from anise (Pimpinellaanisum L.) and/or star anise (Illicium verum Hook f.) and/or fennel (Foeniculum vulgare Mill.).

(b) The minimum alcoholic strength by volume of anis shall be 35 %.

(c) Only natural flavouring substances and preparations as defined in Article 1(2)(b)(i) and Article 1(2)(c) ofDirective 88/388/EEC may be used in the preparation of anis.

29. Distilled anis

(a) Distilled anis is anis which contains alcohol distilled in the presence of the seeds referred to in category 28(a),and in the case of geographical indications mastic and other aromatic seeds, plants or fruits, provided suchalcohol constitutes at least 20 % of the alcoholic strength of the distilled anis.

(b) The minimum alcoholic strength by volume of distilled anis shall be 35 %.

(c) Only natural flavouring substances and preparations as defined in Article 1(2)(b)(i) and Article 1(2)(c) ofDirective 88/388/EEC may be used in the preparation of distilled anis.

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30. Bitter-tasting spirit drinks or bitter

(a) Bitter-tasting spirit drinks or bitter are spirit drinks with a predominantly bitter taste produced by flavouringethyl alcohol of agricultural origin with natural and/or nature-identical flavouring substances as defined inArticle 1(2)(b)(i) and (ii) of Directive 88/388/EEC and/or flavouring preparations as defined in Article 1(2)(c) ofthat Directive.

(b) The minimum alcoholic strength by volume of bitter-tasting spirit drinks or bitter shall be 15 %.

(c) Bitter tasting spirit drinks or bitter may also be sold under the names ‘amer’ or ‘bitter’ with or without anotherterm.

31. Flavoured vodka

(a) Flavoured vodka is vodka which has been given a predominant flavour other than that of the raw materials.

(b) The minimum alcoholic strength by volume of flavoured vodka shall be 37,5 %.

(c) Flavoured vodka may be sweetened, blended, flavoured, matured or coloured.

(d) Flavoured vodka may also be sold under the name of any predominant flavour with the word ‘vodka’.

32. Liqueur

(a) Liqueur is a spirit drink:

(i) having a minimum sugar content, expressed as invert sugar, of:

— 70 grams per litre for cherry liqueurs the ethyl alcohol of which consists exclusively of cherry spirit,

— 80 grams per litre for gentian or similar liqueurs prepared with gentian or similar plants as the solearomatic substance,

— 100 grams per litre in all other cases;

(ii) produced by flavouring ethyl alcohol of agricultural origin or a distillate of agricultural origin or one ormore spirit drinks or a mixture thereof, sweetened and with the addition of products of agricultural originor foodstuffs such as cream, milk or other milk products, fruit, wine or aromatised wine as defined inCouncil Regulation (EEC) No 1601/91 of 10 June 1991 laying down general rules on the definition,description and presentation of aromatized wines, aromatized wine-based drinks and aromatized wine-product cocktails (1).

(b) The minimum alcoholic strength by volume of liqueur shall be 15 %.

(c) Only natural flavouring substances and preparations as defined in Article 1(2)(b)(i) and Article 1(2)(c) ofDirective 88/388/EEC and nature-identical flavouring substances and preparations as defined in Arti-cle 1(2)(b)(ii) of that Directive may be used in the preparation of liqueur.

However, nature-identical flavouring substances and preparations as defined in Article 1(2)(b)(ii) of thatDirective shall not be used in the preparation of the following liqueurs:

(i) Fruit liqueurs:

— blackcurrant,

— cherry,

— raspberry,

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(1) OJ L 149, 14.6.1991, p. 1. Regulation as last amended by the 2005 Act of Accession.

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— mulberry,

— bilberry,

— citrus fruit,

— cloudberry,

— arctic bramble,

— cranberry,

— lingonberry,

— sea buckthorn,

— pineapple;

(ii) plant liqueurs:

— mint,

— gentian,

— aniseed,

— génépi,

— vulnerary.

(d) The following compound terms may be used in the presentation of liqueurs produced in the Community whereethyl alcohol of agricultural origin is used to mirror established production methods:

— prune brandy,

— orange brandy,

— apricot brandy,

— cherry brandy,

— solbaerrom, also called blackcurrant rum.

As regards the labelling and presentation of those liqueurs, the compound term must appear on the labelling inone line in uniform characters of the same font and colour and the word ‘liqueur’ must appear in immediateproximity in characters no smaller than that font. If the alcohol does not come from the spirit drink indicated,its origin must be shown on the labelling in the same visual field as the compound term and the word ‘liqueur’either by stating the type of agricultural alcohol or by the words ‘agricultural alcohol’ preceded on each occasionby ‘made from’ or ‘made using’.

33. Crème de (followed by the name of a fruit or the raw material used)

(a) Spirit drinks known as Crème de (followed by the name of a fruit or the raw material used), excluding milkproducts, are liqueurs with a minimum sugar content of 250 grams per litre expressed as invert sugar.

(b) The minimum alcoholic strength by volume of Crème de (followed by the name of a fruit or the raw materialused) shall be 15 %.

(c) The rules on flavouring substances and preparations for liqueurs laid down under category 32 shall apply to thisspirit drink.

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(d) The sales denomination may be supplemented by the term ‘liqueur’.

34. Crème de cassis

(a) Crème de cassis is a blackcurrant liqueur with a minimum sugar content of 400 grams per litre expressed as invertsugar.

(b) The minimum alcoholic strength by volume of crème de cassis shall be 15 %.

(c) The rules on flavouring substances and preparations for liqueurs laid down under category 32 shall apply tocrème de cassis.

(d) The sales denomination may be supplemented by the term ‘liqueur’.

35. Guignolet

(a) Guignolet is a liqueur obtained by maceration of cherries in ethyl alcohol of agricultural origin.

(b) The minimum alcoholic strength by volume of guignolet shall be 15 %.

(c) The rules on flavouring substances and preparations for liqueurs laid down under category 32 shall apply toguignolet.

(d) The sales denomination may be supplemented by the term ‘liqueur’.

36. Punch au rhum

(a) Punch au rhum is a liqueur for which the alcohol content is provided exclusively by rum.

(b) The minimum alcoholic strength by volume of punch au rhum shall be 15 %.

(c) The rules on flavouring substances and preparations for liqueurs laid down under category 32 shall apply topunch au rhum.

(d) The sales denomination may be supplemented by the term ‘liqueur’.

37. Sloe gin

(a) Sloe gin is a liqueur produced by maceration of sloes in gin with the possible addition of sloe juice.

(b) The minimum alcoholic strength by volume of sloe gin shall be 25 %.

(c) Only natural flavouring substances and preparations as defined in Article 1(2)(b)(i) and Article 1(2)(c) ofDirective 88/388/EEC may be used in the preparation of sloe gin.

(d) The sales denomination may be supplemented by the term ‘liqueur’.

38. Sambuca

(a) Sambuca is a colourless aniseed-flavoured liqueur:

(i) containing distillates of anise (Pimpinella anisum L.), star anise (Illicium verum L.) or other aromatic herbs,

(ii) with a minimum sugar content of 350 grams per litre expressed as invert sugar,

(iii) with a natural anethole content of not less than 1 gram and not more than 2 grams per litre.

(b) The minimum alcoholic strength by volume of sambuca shall be 38 %.

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(c) The rules on flavouring substances and preparations for liqueurs laid down under category 32 apply to sambuca.

(d) The sales denomination may be supplemented by the term ‘liqueur’.

39. Maraschino, Marrasquino or Maraskino

(a) Maraschino, marrasquino or maraskino is a colourless liqueur the flavour of which is given mainly by a distillate ofmarasca cherries or of the product obtained by macerating cherries or parts of cherries in alcohol of agriculturalorigin with a minimum sugar content of 250 grams per litre expressed as invert sugar.

(b) The minimum alcoholic strength by volume of maraschino, marrasquino or maraskino shall be 24 %.

(c) The rules on flavouring substances and preparations for liqueurs laid down under category 32 shall apply tomaraschino, marrasquino or maraskino.

(d) The sales denomination may be supplemented by the term ‘liqueur’.

40. Nocino

(a) Nocino is a liqueur the flavour of which is given mainly by maceration and/or distillation of whole green walnuts(Juglans regia L.) with a minimum sugar content of 100 grams per litre expressed as invert sugar.

(b) The minimum alcoholic strength by volume of nocino shall be 30 %.

(c) The rules on flavouring substances and preparations for liqueurs laid down under category 32 shall apply tonocino.

(d) The sales denomination may be supplemented by the term ‘liqueur’.

41. Egg liqueur or advocaat or avocat or advokat

(a) Egg liqueur or advocaat or avocat or advokat is a spirit drink, whether or not flavoured, obtained from ethylalcohol of agricultural origin, distillate and/or spirit, the ingredients of which are quality egg yolk, egg white andsugar or honey. The minimum sugar or honey content must be 150 grams per litre expressed as invert sugar.The minimum content of pure egg yolk must be 140 grams per litre of the final product.

(b) By way of derogation from Article 2(1)(c), the minimum alcoholic strength by volume of egg liqueur or advocaator avocat or advokat shall be 14 %.

(c) Only natural or nature-identical flavouring substances and preparations as defined in Article 1(2)(b)(i) and (ii)and in Article 1(2)(c) of Directive 88/388/EEC may be used in the preparation of egg liqueur or advocaat or avocator advokat.

42. Liqueur with egg

(a) Liqueur with egg is a spirit drink, whether or not flavoured, obtained from ethyl alcohol of agricultural origin,distillate and/or spirit, the characteristic ingredients of which are quality egg yolk, egg white and sugar or honey.The minimum sugar or honey content must be 150 grams per litre expressed as invert sugar. The minimum eggyolk content must be 70 grams per litre of the final product.

(b) The minimum alcoholic strength by volume of liqueur with egg shall be 15 %.

(c) Only natural flavouring substances and preparations as defined in Article 1(2)(b)(i) and Article 1(2)(c) ofDirective 88/388/EEC may be used in the preparation of liqueur with egg.

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43. Mistrà

(a) Mistrà is a colourless spirit drink flavoured with aniseed or natural anethole:

(i) with an anethole content of not less than 1 gram and not more than 2 grams per litre,

(ii) that may also contain a distillate of aromatic herbs,

(iii) containing no added sugar.

(b) The minimum alcoholic strength by volume of mistrà shall be 40 % and the maximum alcoholic strength byvolume shall be 47 %.

(c) Only natural flavouring substances and preparations as defined in Article 1(2)(b)(i) and Article 1(2)(c) ofDirective 88/388/EEC may be used in the preparation of mistrà.

44. Väkevä glögi or spritglögg

(a) Väkevä glögi or spritglögg is a spirit drink produced by flavouring ethyl alcohol of agricultural origin with naturalor nature identical aroma of cloves and/or cinnamon using one of the following processes: maceration and/ordistillation, redistillation of the alcohol in the presence of parts of the plants specified above, addition of naturalor nature identical flavour of cloves or cinnamon or a combination of these methods.

(b) The minimum alcoholic strength by volume of väkevä glögi or spritglögg shall be 15 %.

(c) Other natural or nature identical plant extracts or flavours in conformity with Directive 88/388/EEC may alsobe used, but the flavour of the specified spices must be predominant.

(d) The content of wine or wine products shall not exceed 50 % of the final product.

45. Berenburg or Beerenburg

(a) Berenburg or Beerenburg is a spirit drink:

(i) produced using ethyl alcohol of agricultural origin,

(ii) with the maceration of fruit or plants or parts thereof,

(iii) containing as specific flavour distillate of gentian root (Gentiana lutea L.), of juniper berries (Juniperuscommunis L.) and of laurel leaves (Laurus nobilis L.),

(iv) varying in colour from light to dark brown,

(v) which may be sweetened to a maximum of 20 grams per litre expressed as invert sugar.

(b) The minimum alcoholic strength by volume of Berenburg or Beerenburg shall be 30 %.

(c) Only natural flavouring substances and preparations as defined in Article 1(2)(b)(i) and Article 1(2)(c) ofDirective 88/388/EEC may be used in the preparation of Berenburg or Beerenburg.

46. Honey or mead nectar

(a) Honey or mead nectar is a spirit drink produced by flavouring the mixture of fermented honey mash and honeydistillate and/or ethyl alcohol of agricultural origin, which contains at least 30 % vol. of fermented honey mash.

(b) The minimum alcoholic strength by volume of honey or mead nectar shall be 22 %.

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(c) Only natural flavouring substances and preparations as defined in Article 1(2)(b)(i) and Article 1(2)(c) ofDirective 88/388/EEC may be used in the preparation of honey or mead nectar provided that the honey taste ispredominant.

(d) Honey or mead nectar may be sweetened only with honey.

Other spirit drinks

1. Rum-Verschnitt is produced in Germany and obtained by mixing rum and alcohol, whereby a minimum proportion of5 % of the alcohol contained in the final product must come from rum. The minimum alcoholic strength by volumeof Rum-Verschnitt shall be 37,5 %. As regards the labelling and presentation of the product Rum-Verschnitt the wordVerschnitt must appear on the description, presentation and labelling in characters of the same font, size and colour as,and on the same line as, the word ‘Rum’ and, in the case of bottles, on the front label. Where this product is soldoutside the German market, its alcoholic composition must appear on the label.

2. Slivovice is produced in the Czech Republic and obtained by the addition to the plum distillate, before the finaldistillation, of a maximum proportion of 30 % by volume of ethyl alcohol of agricultural origin. This product must bedescribed as ‘spirit drink’ and may also use the name slivovice in the same visual field on the front label. If this Czechslivovice is placed on the market in the Community, its alcoholic composition must appear on the label. This provisionis without prejudice to the use of the name slivovice for fruit spirits according to category 9.

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ANNEX III

GEOGRAPHICAL INDICATIONS

Product category Geographical indicationCountry of origin (the precisegeographical origin is described

in the technical file)

1. Rum

Rhum de la Martinique France

Rhum de la Guadeloupe France

Rhum de la Réunion France

Rhum de la Guyane France

Rhum de sucrerie de la Baie du Galion France

Rhum des Antilles françaises France

Rhum des départements français d'outre-mer France

Ron de Málaga Spain

Ron de Granada Spain

Rum da Madeira Portugal

2. Whisky/Whiskey

Scotch Whisky United Kingdom (Scotland)

Irish Whiskey/Uisce Beatha Eireannach/Irish Whisky (1) Ireland

Whisky español Spain

Whisky breton/Whisky de Bretagne France

Whisky alsacien/Whisky d'Alsace France

3. Grain spirit

Eau-de-vie de seigle de marque nationale luxembourgeoise Luxembourg

Korn/Kornbrand Germany, Austria, Belgium(German-speaking Commu-nity)

Münsterländer Korn/Kornbrand Germany

Sendenhorster Korn/Kornbrand Germany

Bergischer Korn/Kornbrand Germany

Emsländer Korn/Kornbrand Germany

Haselünner Korn/Kornbrand Germany

Hasetaler Korn/Kornbrand Germany

Samanė Lithuania

4. Wine spirit

Eau-de-vie de Cognac France

Eau-de-vie des Charentes France

Eau-de-vie de Jura France

Cognac France

(The denomination ‘Cognac’ may be supplemented by thefollowing terms:

— Fine France

— Grande Fine Champagne France

— Grande Champagne France

— Petite Fine Champagne France

— Petite Champagne France

— Fine Champagne France

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Product category Geographical indicationCountry of origin (the precisegeographical origin is described

in the technical file)

— Borderies France

— Fins Bois France

— Bons Bois) France

Fine Bordeaux France

Fine de Bourgogne France

Armagnac France

Bas-Armagnac France

Haut-Armagnac France

Armagnac-Ténarèze France

Blanche Armagnac France

Eau-de-vie de vin de la Marne France

Eau-de-vie de vin originaire d'Aquitaine France

Eau-de-vie de vin de Bourgogne France

Eau-de-vie de vin originaire du Centre-Est France

Eau-de-vie de vin originaire de Franche-Comté France

Eau-de-vie de vin originaire du Bugey France

Eau-de-vie de vin de Savoie France

Eau-de-vie de vin originaire des Coteaux de la Loire France

Eau-de-vie de vin des Côtes-du-Rhône France

Eau-de-vie de vin originaire de Provence France

Eau-de-vie de Faugères/Faugères France

Eau-de-vie de vin originaire du Languedoc France

Aguardente de Vinho Douro Portugal

Aguardente de Vinho Ribatejo Portugal

Aguardente de Vinho Alentejo Portugal

Aguardente de Vinho da Região dos Vinhos Verdes Portugal

Aguardente de Vinho da Região dos Vinhos Verdes de Alvarinho Portugal

Aguardente de Vinho Lourinhã Portugal

Сунгурларска гроздова ракия/Гроздова ракия от Сунгурларе/Sungurlarska grozdova rakya/Grozdova rakya from Sungurlare

Bulgaria

Сливенска перла (Сливенска гроздова ракия/Гроздова ракияот Сливен)/Slivenska perla (Slivenska grozdova rakya/Grozdovarakya from Sliven)

Bulgaria

Стралджанска Мускатова ракия/Мускатова ракия отСтралджа/Straldjanska Muscatova rakya/Muscatova rakya fromStraldja

Bulgaria

Поморийска гроздова ракия/Гроздова ракия от Поморие/Pomoriyska grozdova rakya/Grozdova rakya from Pomorie

Bulgaria

Русенска бисерна гроздова ракия/Бисерна гроздова ракия отРусе/Russenska biserna grozdova rakya/Biserna grozdova rakyafrom Russe

Bulgaria

Бургаска Мускатова ракия/Мускатова ракия от Бургас/Bourgaska Muscatova rakya/Muscatova rakya from Bourgas

Bulgaria

Добруджанска мускатова ракия/Мускатова ракия отДобруджа/Dobrudjanska muscatova rakya/muscatova rakya fromDobrudja

Bulgaria

Сухиндолска гроздова ракия/Гроздова ракия от Сухиндол/Suhindolska grozdova rakya/Grozdova rakya from Suhindol

Bulgaria

Карловска гроздова ракия/Гроздова Ракия от Карлово/Karlovska grozdova rakya/Grozdova Rakya from Karlovo

Bulgaria

Vinars Târnave Romania

Vinars Vaslui Romania

Vinars Murfatlar Romania

Vinars Vrancea Romania

Vinars Segarcea Romania

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Product category Geographical indicationCountry of origin (the precisegeographical origin is described

in the technical file)

5. Brandy/Weinbrand

Brandy de Jerez Spain

Brandy del Penedés Spain

Brandy italiano Italy

Brandy Αττικής/Brandy of Attica Greece

Brandy Πελοποννήσου/Brandy of the Peloponnese Greece

Brandy Κεντρικής Ελλάδας/Brandy of central Greece Greece

Deutscher Weinbrand Germany

Wachauer Weinbrand Austria

Weinbrand Dürnstein Austria

Pfälzer Weinbrand Germany

Karpatské brandy špeciál Slovakia

Brandy français/Brandy de France France

6. Grape marc spirit

Marc de Champagne/Eau-de-vie de marc de Champagne France

Marc d'Aquitaine/Eau-de-vie de marc originaire d'Aquitaine France

Marc de Bourgogne/Eau-de-vie de marc de Bourgogne France

Marc du Centre-Est/Eau-de-vie de marc originaire du Centre-Est France

Marc de Franche-Comté/Eau-de-vie de marc originaire de Franche-Comté

France

Marc du Bugey/Eau-de-vie de marc originaire de Bugey France

Marc de Savoie/Eau-de-vie de marc originaire de Savoie France

Marc des Côteaux de la Loire/Eau-de-vie de marc originaire desCoteaux de la Loire

France

Marc des Côtes-du-Rhône/Eau-de-vie de marc des Côtes du Rhône France

Marc de Provence/Eau-de-vie de marc originaire de Provence France

Marc du Languedoc/Eau-de-vie de marc originaire du Languedoc France

Marc d'Alsace Gewürztraminer France

Marc de Lorraine France

Marc d'Auvergne France

Marc du Jura France

Aguardente Bagaceira Bairrada Portugal

Aguardente Bagaceira Alentejo Portugal

Aguardente Bagaceira da Região dos Vinhos Verdes Portugal

Aguardente Bagaceira da Região dos Vinhos Verdes de Alvarinho Portugal

Orujo de Galicia Spain

Grappa Italy

Grappa di Barolo Italy

Grappa piemontese/Grappa del Piemonte Italy

Grappa lombarda/Grappa di Lombardia Italy

Grappa trentina/Grappa del Trentino Italy

Grappa friulana/Grappa del Friuli Italy

Grappa veneta/Grappa del Veneto Italy

Südtiroler Grappa/Grappa dell'Alto Adige Italy

Grappa siciliana/Grappa di Sicilia Italy

Grappa di Marsala Italy

Τσικουδιά/Tsikoudia Greece

Τσικουδιά Κρήτης/Tsikoudia of Crete Greece

Τσίπουρο/Tsipouro Greece

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Product category Geographical indicationCountry of origin (the precisegeographical origin is described

in the technical file)

Τσίπουρο Μακεδονίας/Tsipouro of Macedonia Greece

Τσίπουρο Θεσσαλίας/Tsipouro of Thessaly Greece

Τσίπουρο Τυρνάβου/Tsipouro of Tyrnavos Greece

Eau-de-vie de marc de marque nationale luxembourgeoise Luxembourg

Ζιβανία/Τζιβανία/Ζιβάνα/Zivania Cyprus

Törkölypálinka Hungary

9. Fruit spirit

Schwarzwälder Kirschwasser Germany

Schwarzwälder Mirabellenwasser Germany

Schwarzwälder Williamsbirne Germany

Schwarzwälder Zwetschgenwasser Germany

Fränkisches Zwetschgenwasser Germany

Fränkisches Kirschwasser Germany

Fränkischer Obstler Germany

Mirabelle de Lorraine France

Kirsch d'Alsace France

Quetsch d'Alsace France

Framboise d'Alsace France

Mirabelle d'Alsace France

Kirsch de Fougerolles France

Williams d'Orléans France

Südtiroler Williams/Williams dell'Alto Adige Italy

Südtiroler Aprikot/Aprikot dell'Alto Adige Italy

Südtiroler Marille/Marille dell'Alto Adige Italy

Südtiroler Kirsch/Kirsch dell'Alto Adige Italy

Südtiroler Zwetschgeler/Zwetschgeler dell'Alto Adige Italy

Südtiroler Obstler/Obstler dell'Alto Adige Italy

Südtiroler Gravensteiner/Gravensteiner dell'Alto Adige Italy

Südtiroler Golden Delicious/Golden Delicious dell'Alto Adige Italy

Williams friulano/Williams del Friuli Italy

Sliwovitz del Veneto Italy

Sliwovitz del Friuli-Venezia Giulia Italy

Sliwovitz del Trentino-Alto Adige Italy

Distillato di mele trentino/Distillato di mele del Trentino Italy

Williams trentino/Williams del Trentino Italy

Sliwovitz trentino/Sliwovitz del Trentino Italy

Aprikot trentino/Aprikot del Trentino Italy

Medronho do Algarve Portugal

Medronho do Buçaco Portugal

Kirsch Friulano/Kirschwasser Friulano Italy

Kirsch Trentino/Kirschwasser Trentino Italy

Kirsch Veneto/Kirschwasser Veneto Italy

Aguardente de pêra da Lousã Portugal

Eau-de-vie de pommes de marque nationale luxembourgeoise Luxembourg

Eau-de-vie de poires de marque nationale luxembourgeoise Luxembourg

Eau-de-vie de kirsch de marque nationale luxembourgeoise Luxembourg

Eau-de-vie de quetsch de marque nationale luxembourgeoise Luxembourg

Eau-de-vie de mirabelle de marque nationale luxembourgeoise Luxembourg

Eau-de-vie de prunelles de marque nationale luxembourgeoise Luxembourg

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Product category Geographical indicationCountry of origin (the precisegeographical origin is described

in the technical file)

Wachauer Marillenbrand Austria

Szatmári Szilvapálinka Hungary

Kecskeméti Barackpálinka Hungary

Békési Szilvapálinka Hungary

Szabolcsi Almapálinka Hungary

Gönci Barackpálinka Hungary

Pálinka Hungary,Austria (for apricot spiritssolely produced in theLänder of: Niederösterreich,Burgenland, Steiermark,Wien)

Bošácka slivovica Slovakia

Brinjevec Slovenia

Dolenjski sadjevec Slovenia

Троянска сливова ракия/Сливова ракия от Троян/Troyanskaslivova rakya/Slivova rakya from Troyan

Bulgaria

Силистренска кайсиева ракия/Кайсиева ракия от Силистра/Silistrenska kaysieva rakya/Kaysieva rakya from Silistra

Bulgaria

Тервелска кайсиева ракия/Кайсиева ракия от Тервел/Tervelskakaysieva rakya/Kaysieva rakya from Tervel

Bulgaria

Ловешка сливова ракия/Сливова ракия от Ловеч/Loveshkaslivova rakya/Slivova rakya from Lovech

Bulgaria

Pălincă Romania

Ţuică Zetea de Medieşu Aurit Romania

Ţuică de Valea Milcovului Romania

Ţuică de Buzău Romania

Ţuică de Argeş Romania

Ţuică de Zalău Romania

Ţuică Ardelenească de Bistriţa Romania

Horincă de Maramureş Romania

Horincă de Cămârzana Romania

Horincă de Seini Romania

Horincă de Chioar Romania

Horincă de Lăpuş Romania

Turţ de Oaş Romania

Turţ de Maramureş Romania

10. Cider spirit and perryspirit

Calvados France

Calvados Pays d'Auge France

Calvados Domfrontais France

Eau-de-vie de cidre de Bretagne France

Eau-de-vie de poiré de Bretagne France

Eau-de-vie de cidre de Normandie France

Eau-de-vie de poiré de Normandie France

Eau-de-vie de cidre du Maine France

Aguardiente de sidra de Asturias Spain

Eau-de-vie de poiré du Maine France

L 39/50 EN Official Journal of the European Union 13.2.2008

Page 70: The Scotch Whisky Regulations 2009 - Scotch Whisky Association

Product category Geographical indicationCountry of origin (the precisegeographical origin is described

in the technical file)

15. Vodka

Svensk Vodka/Swedish Vodka Sweden

Suomalainen Vodka/Finsk Vodka/Vodka of Finland Finland

Polska Wódka/Polish Vodka Poland

Laugarício vodka Slovakia

Originali lietuviška degtinė/Original Lithuanian vodka Lithuania

Herbal vodka from the North Podlasie Lowland aromatisedwith an extract of bison grass/Wódka ziołowa z NizinyPółnocnopodlaskiej aromatyzowana ekstraktem z trawy żubrowej

Poland

Latvijas Dzidrais Latvia

Rīgas Degvīns Latvia

Estonian vodka Estonia

17. Geist

Schwarzwälder Himbeergeist Germany

18. Gentian

Bayerischer Gebirgsenzian Germany

Südtiroler Enzian/Genziana dell'Alto Adige Italy

Genziana trentina/Genziana del Trentino Italy

19. Juniper-flavouredspirit drinks

Genièvre/Jenever/Genever Belgium, The Netherlands,France (Départements Nord(59) and Pas-de-Calais (62)),Germany (German Bundes-länder Nordrhein-Westfalenand Niedersachsen)

Genièvre de grains, Graanjenever, Graangenever Belgium, The Netherlands,France (Départements Nord(59) and Pas-de-Calais (62))

Jonge jenever, jonge genever Belgium, The Netherlands

Oude jenever, oude genever Belgium, The Netherlands

Hasseltse jenever/Hasselt Belgium (Hasselt, Zonho-ven, Diepenbeek)

Balegemse jenever Belgium (Balegem)

O' de Flander-Oost-Vlaamse Graanjenever Belgium (Oost-Vlaanderen)

Peket-Pekêt/Pèket-Pèkèt de Wallonie Belgium (Région wallonne)

Genièvre Flandres Artois France (Départements Nord(59) and Pas-de-Calais (62))

Ostfriesischer Korngenever Germany

Steinhäger Germany

Plymouth Gin United Kingdom

Gin de Mahón Spain

Vilniaus Džinas/Vilnius Gin Lithuania

Spišská borovička Slovakia

Slovenská borovička Juniperus Slovakia

Slovenská borovička Slovakia

Inovecká borovička Slovakia

Liptovská borovička Slovakia

13.2.2008 EN Official Journal of the European Union L 39/51

Page 71: The Scotch Whisky Regulations 2009 - Scotch Whisky Association

Product category Geographical indicationCountry of origin (the precisegeographical origin is described

in the technical file)

24. Akvavit/aquavit

Dansk Akvavit/Dansk Aquavit Denmark

Svensk Aquavit/Svensk Akvavit/Swedish Aquavit Sweden

25. Aniseed-flavouredspirit drinks

Anís español Spain

Anís Paloma Monforte del Cid Spain

Hierbas de Mallorca Spain

Hierbas Ibicencas Spain

Évora anisada Portugal

Cazalla Spain

Chinchón Spain

Ojén Spain

Rute Spain

Janeževec Slovenia

29. Distilled Anis

Ouzo/Oύζο Cyprus, Greece

Ούζο Μυτιλήνης/Ouzo of Mitilene Greece

Ούζο Πλωμαρίου/Ouzo of Plomari Greece

Ούζο Καλαμάτας/Ouzo of Kalamata Greece

Ούζο Θράκης/Ouzo of Thrace Greece

Ούζο Μακεδονίας/Ouzo of Macedonia Greece

30. Bitter-tasting spiritdrinks/bitter

Demänovka bylinná horká Slovakia

Rheinberger Kräuter Germany

Trejos devynerios Lithuania

Slovenska travarica Slovenia

32. Liqueur

Berliner Kümmel Germany

Hamburger Kümmel Germany

Münchener Kümmel Germany

Chiemseer Klosterlikör Germany

Bayerischer Kräuterlikör Germany

Irish Cream Ireland

Palo de Mallorca Spain

Ginjinha portuguesa Portugal

Licor de Singeverga Portugal

Mirto di Sardegna Italy

Liquore di limone di Sorrento Italy

Liquore di limone della Costa d'Amalfi Italy

Genepì del Piemonte Italy

Genepì della Valle d'Aosta Italy

Benediktbeurer Klosterlikör Germany

Ettaler Klosterlikör Germany

L 39/52 EN Official Journal of the European Union 13.2.2008

Page 72: The Scotch Whisky Regulations 2009 - Scotch Whisky Association

Product category Geographical indicationCountry of origin (the precisegeographical origin is described

in the technical file)

Ratafia de Champagne France

Ratafia catalana Spain

Anis português Portugal

Suomalainen Marjalikööri/Suomalainen Hedelmälikööri FinskBärlikör/Finsk Fruktlikör/Finnish berry liqueur/Finnish fruit liqueur

Finland

Grossglockner Alpenbitter Austria

Mariazeller Magenlikör Austria

Mariazeller Jagasaftl Austria

Puchheimer Bitter Austria

Steinfelder Magenbitter Austria

Wachauer Marillenlikör Austria

Jägertee/Jagertee/Jagatee Austria

Hüttentee Germany

Allažu Ķimelis Latvia

Čepkelių Lithuania

Demänovka Bylinný Likér Slovakia

Polish Cherry Poland

Karlovarská Hořká Czech Republic

Pelinkovec Slovenia

Blutwurz Germany

Cantueso Alicantino Spain

Licor café de Galicia Spain

Licor de hierbas de Galicia Spain

Génépi des Alpes/Genepì degli Alpi France, Italy

Μαστίχα Χίου/Masticha of Chios Greece

Κίτρο Νάξου/Kitro of Naxos Greece

Κουμκουάτ Κέρκυρας/Koum Kouat of Corfu Greece

Τεντούρα/Tentoura Greece

Poncha da Madeira Portugal

34. Crème de cassis

Cassis de Bourgogne France

Cassis de Dijon France

Cassis de Saintonge France

Cassis du Dauphiné France

Cassis de Beaufort Luxembourg

40. Nocino

Nocino di Modena Italy

Orehovec Slovenia

Other spirit drinks

Pommeau de Bretagne France

Pommeau du Maine France

Pommeau de Normandie France

Svensk Punsch/Swedish Punch Sweden

Pacharán navarro Spain

Pacharán Spain

Inländerrum Austria

Bärwurz Germany

13.2.2008 EN Official Journal of the European Union L 39/53

Page 73: The Scotch Whisky Regulations 2009 - Scotch Whisky Association

Product category Geographical indicationCountry of origin (the precisegeographical origin is described

in the technical file)

Aguardiente de hierbas de Galicia Spain

Aperitivo Café de Alcoy Spain

Herbero de la Sierra de Mariola Spain

Königsberger Bärenfang Germany

Ostpreußischer Bärenfang Germany

Ronmiel Spain

Ronmiel de Canarias Spain

Genièvre aux fruits/Vruchtenjenever/Jenever met vruchten/Frucht-genever

Belgium, The Netherlands,France (Départements Nord(59) and Pas-de-Calais (62)),Germany (German Bundes-länder Nordrhein-Westfalenand Niedersachsen)

Domači rum Slovenia

Irish Poteen/Irish Poitín Ireland

Trauktinė Lithuania

Trauktinė Palanga Lithuania

Trauktinė Dainava Lithuania

(1) The geographical indication Irish Whiskey/Uisce Beatha Eireannach/Irish Whisky covers whisky/whiskey produced in Ireland and NorthernIreland.

L 39/54 EN Official Journal of the European Union 13.2.2008

Page 74: The Scotch Whisky Regulations 2009 - Scotch Whisky Association

LABELLING REQUIREMENTS – Basic Check list

1. Gather together all labelling and packaging for the brand. This should include any carton, and the closure if itbears any text. In this example there is no text on the closure and only a neck label, front label and back labelto consider.

2. Determine the correct category name for the brand. In this case it is “Blended Malt Scotch Whisky”.

3. Make a list of all other “descriptions of the whisky” appearing anywhere on the container or packaging. Theseare words which identify a characteristic or quality of the whisky. Working from top to bottom, thedescriptions of the whisky appearing in this example, apart from the category name, are:

(a) De Luxe

(b) Rare

(c) Aged 12 years

(d) Choice Scotch Whiskies

(e) Blended and Bottled in Scotland

(f) Product of Scotland

(g) Twelve Years Old

Page 75: The Scotch Whisky Regulations 2009 - Scotch Whisky Association

(h) Rare

(i) Aged 12 years

(j) Scotch Whisky

Note: The Royal warrant, the brand name (in this case “Fingal’s”), the words “Edinburgh” and “Green Banner”,the mandatory indications of volume and strength, the company name and address and the date the companywas established, are not “descriptions of the whisky”.

4. From the above list, ignore any descriptions which are specifically exempted [Regulation 8(3)(c)]. These are:

(a) Any separate use of the description “Scotch Whisky”. In this case the words “Scotch Whisky” appearseparately on the back label.

(b) Any age statement - in this case, “Aged 12 Years” and “Twelve Years Old”. Distillation and bottling dateswould also qualify.

(c) Any descriptive word or words forming part of the brand name. In this case, the word “Rare”. Whethersuch words, which are in normal course descriptive, form part of the brand name is a question which willbe judged in the circumstances of each case. If in doubt it is suggested that you contact the SWA legaldepartment.

5. The descriptions you are left with are:

(a) De Luxe(b) Choice Scotch Whiskies(c) Blended and Bottled in Scotland(d) Product of Scotland

6. Check that the category name (“Blended Malt Scotch Whisky”) is as prominent as the descriptions in paragraph5, irrespective of where they appear on the container and packaging.

7. In addition, check that the category name (“Blended Malt Scotch Whisky”) is

(a) Printed on the front of the container and on the front of any individual carton.(b) Printed in a conspicuous place in such a way as to be easily visible, legible to the naked eye, and indelible.(c) Printed so that it appears clearly as the sales description of the whisky.(d) Printed in a way that gives equal prominence to each word making up the name of the category(e) Not overlaid or interrupted by other written or pictorial matter.(f) Not used in conjunction with any other words except for a Locality or Regional name in accordance with

Regulation 8(5).

8. Examples of acceptable and unacceptable practice in relation to points 7(d), (e) and (f) are shown below:

BUT NOT

Page 76: The Scotch Whisky Regulations 2009 - Scotch Whisky Association

BUT NOT

BUT NOT

BUT NOT

Page 77: The Scotch Whisky Regulations 2009 - Scotch Whisky Association

LABELLING REQUIREMENTS – Age Statement Checklist

1. Gather together all packaging, labelling and advertising for the brand. Check whether any reference to thematuration period or age of the whisky (or its constituent whiskies) is made. If so, check that

a. the reference is only to the youngest whisky in the brand. Examples of acceptable age statementsare:

“Aged 10 Years”

“12 Years Old”

“Over 10 Years Old”

Examples of statements that are prohibited are:

“aged five to ten years”

“minimum age 5 years: maximum age 10 years”

“The average age of the whiskies in the blend is ten years”

“Contains whiskies up to 60 years old”

“80% 10 year old; 20% 25 year old Scotch Whisky”

b. the maturation period or age is only expressed in years, and consists of one number only.

Examples of statements that are prohibited are:

“Aged 36 months”

“Aged 3 Years – 36 Months”

“Aged for 12 maturation cycles”

2. Check whether any reference is made to the distillation year of the whisky (or its constituent whiskies). If so,check that

a. the reference relates to a single calendar year.

Examples of statements which are prohibited are:

“This 21 year old whisky contains whiskies distilled in 1960 and 1970”

“Distilled 1991 or earlier”

“Contains whiskies dating back to the 1950s”

b. all of the whisky was distilled in the single year mentioned.

/..

Page 78: The Scotch Whisky Regulations 2009 - Scotch Whisky Association

c. each reference to the distillation year appears in the same field of vision as one of the following:

• the year of bottling eg “Bottled 2009”

(this option should only be used where the spirit has spent the entire intervening periodbetween distillation and bottling maturing in Scotland under revenue supervision in oak casks ofa capacity not exceeding 700 litres)

or

• the maturation period eg “10 Years in cask” or the age of the whisky eg “Aged 10 Years”

3. Other numerals or dates, or words referring to periods of time, should not be used on labels, packaging oradvertising if they could be mistaken for an age statement or distillation date. Particular care should betaken where English is not widely understood and where consumers will therefore not understand thecontext in which a numeral appears. The use of any number (however expressed) which is likely to lead toconfusion as to the age or date of distillation of a Scotch Whisky is prohibited.

4. Ensure that customers do not use inappropriate age statements in any material they produce. It isrecommended that this be made a condition of contract, and that breach of this condition be treated as amaterial breach of contract.


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